Level of costs security is discretionary
Level of costs security is discretionary
- 1991
- Chartered Surveyor Weekly 37(1) 3 October 1991, 47(1) .
"Roburn Construction Ltd v William Irwin (South) & Co Ltd", CA 3 July 1991, is a case between a labour-only subcontractor and a main contractor, which confirms that where there was reason to believe that a plaintiff company would be unable to pay the defendants` costs in the event of the plaintiff succeeding, the court had a discretion over security for costs, which ought not to be hampered by any special rules and which should be exercised having regard to all the circumstances of the case.
CLAIMS
COMPANIES ACT 1985 S726
SECURITY FOR COSTS
SUBCONTRACTORS
"Roburn Construction Ltd v William Irwin (South) & Co Ltd", CA 3 July 1991, is a case between a labour-only subcontractor and a main contractor, which confirms that where there was reason to believe that a plaintiff company would be unable to pay the defendants` costs in the event of the plaintiff succeeding, the court had a discretion over security for costs, which ought not to be hampered by any special rules and which should be exercised having regard to all the circumstances of the case.
CLAIMS
COMPANIES ACT 1985 S726
SECURITY FOR COSTS
SUBCONTRACTORS