Security for costs

Ali v Hudson (t/a Hudson Freeman Berg) [2003] EWCA Civ 1793

The claimant appealed against an order that his appeal against an earlier decision be stayed pending payment into court of £1,750. The claimant had brought an action which had been struck out as disclosing no cause of action. The claimant, acting in person, had lodged a notice of appeal against the striking out, but the court had not fixed a date for the appeal and the claimant had taken no further steps in the proceedings for over three years. The claimant argued that security for costs could only be ordered under the court’s powers of case management on the basis of a specific finding that a party had without good reason failed to comply with a rule, practice direction or pre-action protocol.