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Title:
BERRIDGE and SONS (WASTE PRODUCTS) LTD and BERRIDGE INCINERATORS LTD v. UK WASTE MANAGEMENT LTD.
Party:
United Kingdom of Great Britain and Northern Ireland
Region:
Europe
Type of document:
Others
Date of text:
January 22, 1997
Data source:
InforMEA
Court name:
Supreme Court of Judicature Court of Appeal
Seat of court:
London
Justice(s):
Phillips
Mummery.
Reference number:
[1997] EWCA Civ 816
ECOLEX subject(s):
Legal questions
Abstract:
This case raises the question of the principles to be applied when deciding whether to order that an action stand dismissed on the ground of failure to provide security for costs. The factors which the Court considers could be relevant include (i) whether the limitation period has expired or when it is due to expire, (ii) the apparent merits of the claim, and (iii) whether it is demonstrated that there are, or conversely that there are not, potential sources from which that security may be provided. These are matters which merit consideration by the Court of Appeal and accordingly the application for leave to appeal was granted.