Cases

Al-Koronky v Time-Life Entertainment Group Ltd & Another (QB)

Comment

The regime for security for costs changed substantially after the implementation of the Human Rights Act 1998. Although the qualifying criteria under CPR Part 25.13 have remained unchanged, the Court of Appeal's decision in Nasser has significantly altered the basis on which the court will exercise its discretion to order security. It is now impermissible to order security simply on the grounds that the Claimant is resident outside the relevant zone (essentially a contracting state). The Court can only proceed on the basis of an analysis of what difficulties a defendant would likely encounter attempting to enforce an order for costs against the Claimant in his/her country of residence. If, as in this case, the enforcement is likely to be an impossibility an order for up to the full security may properly be made. Countries where there is no real difficulty in enforcement will justify only an order for the increased costs of enforcement rather than full security.

Areas of work

Defamation
Media Law
Publishing

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