Cases

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

Held

(1) It was not possible, at this interim stage, to conclude that the defence of justification was highly likely to fail. The fate of the justification defence would depend on an assessment of witnesses; (2) Applying Nasser v United bank of Kuwait [2001] 1 WLR 1868, this was an appropriate case for security. The factors taken into account included: (a) enforcement of a costs order in the Sudan would be practically impossible; (b) the Claimants ATE insurance policies were admittedly worthless; (c) the first Claimant had delayed paying an order for costs made in his earlier claim against the Sunday Telegraph; (d) the Claimants had failed to satisfy the Court that their claim would be stifled by an order for security; (3) In the circumstances the appropriate sum to be provided by security was £375,000.

Also