The statutory ground to award security for costs against an impecunious company: should we mourn its passing?

Ching, J ORCID: https://orcid.org/0000-0002-9815-8804, 2009. The statutory ground to award security for costs against an impecunious company: should we mourn its passing? Civil Justice Quarterly, 28 (4), pp. 470-497. ISSN 0261-9261

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Abstract

Analyses the approach of the courts to their jurisdiction to make an order for security for costs against an impecunious company under the Companies Act 1985 s.726 and under the CPR r.25.13(2)(c). Compares the courts' interpretation of the two jurisdictions with regard to their extent, their application to counterclaims and interim proceedings, the standard of proof of impecuniosity required, and the circumstances taken into account by the courts when exercising each jurisdiction. Assesses the likely impact of the repeal of s.726 expected on October 1, 2009.

Item Type:	Journal article
Publication Title:	Civil Justice Quarterly
Creators:	Ching, J.
Publisher:	Sweet & Maxwell/Thomson Reuters
Place of Publication:	London
Date:	2009
Volume:	28
Number:	4
ISSN:	0261-9261
Rights:	Permission is for Nottingham Trent University’s Institutional Repository only. Any further use (including storage, transmission or reproduction by electronic means) shall be the subject of a separate application for permission.
Divisions:	Schools > Nottingham Law School
Record created by:	EPrints Services
Date Added:	09 Oct 2015 11:17
Last Modified:	09 Jun 2017 13:54
URI:	https://irep.ntu.ac.uk/id/eprint/25453

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