Litigation Letter
Failure to pay costs of previous action
Investment Invoice Financing Ltd v Limehouse Board Mills Ltd CA TLR 23 January
The claimant issued a petition to wind up the defendant company, which was struck out as an abuse of process with an order
that the claimant paid the company’s costs, which were assessed at £18,000. When the claimant started separate proceedings
based on the same facts, the judge ordered that unless the £18,000 costs were paid into court by a specified date, the claim
should be struck out as an abuse of process without further order. Did the judge have jurisdiction to make such an order?