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Plaintiff established on a prima facie basis that alleged negligence of solicitors gave rise to impecuniosity

By: Mark Tottenham BL

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Court of Appeal dismisses appeal from High Court, and affirms refusal to order security for costs in a claim against solicitors for alleged failure to issue judicial review proceedings, notwithstanding that the plaintiff company would be unable to discharge any costs order made if unsuccessful, on the grounds that the plaintiff had established on a prima facie basis that the alleged negligence of the defendant had given rise to its inability to discharge any likely costs order.

Security for costs - s. 52 of the Companies Act, 2014 - refusal of security - special circumstances - whether special circumstances to justify the refusal of the order - whether absence of good faith on the part of the applicant firm - claim against solicitors for allegedly failing to issue judicial review proceedings - meaning of 'prima facie' - requirement to prove special circumstances on a 'prima facie' basis - requirement to show evidence corroborating the contention.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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