UPC CoA, 30 April 2026: Appeals against security for costs orders require prior authorisation from the CFI unless brought with the final decision.
02-06-2026 Print this page
Appeal from security for costs order (R. 158 RoP) inadmissible in the absence of a leave to appeal (R. 220.2 RoP).
Appeals against security for costs orders require prior authorisation from the CFI unless brought with the final decision. A general reference to appeal provisions does not constitute permission to appeal.
There was indeed an error in the CFI’s judgment (The CFI wrongly indicated the appeal route as being via R. 220.1 RoP). Parties cannot rely on such errors where they are aware of them. Appellant recognised that R. 220.2 applied. Proceeding without leave was a conscious procedural choice and a failure attributable to the appellant.
For the sake of completeness, the claimant’s relative financial position compared with that of the defendant does not constitute a criterion.
