Cases

Radu v Houston & Another (CA)

Held

The Court observed that, unlike most forms of interlocutory first orders, it was quite common for an unless order to be made in relation to security for costs. Where permission to appeal such an order had been granted it was unlikely to be appropriate not to grant a stay. Even when judgment had been entered pursuant to the unless order, if a Claimant came to court with the right sum within a short period time, the court should be willing to consider granting relief. Whether such relief should be granted would largely depend on whether the non-compliance was a "deliberate flouting of that order by a litigant who could have complied with it" (per Keene LJ). On the facts, the only circumstance in which it might have been appropriate not to set aside the summary judgment would be if some conduct of the Claimant required punitive action. Since there was no finding of deliberate flouting and no evidence on which such a finding could have been made, the Claimant's action was reinstated.

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