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David Cody v Andrew Murray and others [2013] EWHC 3448 (Ch)

17 December 2013

In a recent decision the High Court ordered a Claimant based in Texas to pay security for costs.

Whilst such applications are commonplace, this recent decision is of particular interest as the Court departed from a previous High Court decision[1] which had sought to establish an exception to the Court of Appeal precedent (Nasser[2]) that the mere fact of foreign residence in a country not covered by the Brussels / Lugano regime is without more insufficient to justify the exercise of the CPR powers to order security for costs. However, the judge recognised the limitations in the Court of Appeal precedent on this point and suggested further guidance or re-consideration of the issue is urgently required by the appellate courts. For the full case comment, please click here.

[1]Dumrul v Standard Chartered Bank [2010] EWHC 2625

[2]Nasser v United Bank of Kuwait [2002] 1 WLR 1868

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