Security for costs

Question 1

Jirehouse Capital v Beller

Answer 1

‘Reason to believe’ is lower threshold than balance of probabilities

Question 2

Olatawura

Answer 2

Balancing act

Question 3

Sir Lindsay Parkinson

Answer 3

1. Whether C’s claim bona fide
2. Whether D is using application oppressively
3. Delay in making application

4 whether C’s want of means has been brought about by D’s conduct

Question 4

Re Unisoft

Answer 4

D must show that company would not (as opposed to may not) be able to pay its costs

Court can take future expectations into account