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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Bell Electric Ltd v Aweco Appliance Systems GmbH & Co KG  EWCA Civ 1501 (31 October 2002)
Cite as:  EWCA Civ 1501,  1 All ER 344
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION (Mr Justice Elias)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE CARNWATH
| Bell Electric Limited
|Aweco Appliance Systems GmbH & Co KG
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
Mr Philip Coppel (instructed by Parrott & Coales) for the respondent/claimant
Crown Copyright ©
Lord Justice Potter:
"52.9 – (1) The appeal courts may –
(a) strike out the whole or part of an appeal notice;
(b) set aside permission to appeal in whole or in part;
(c) impose or vary conditions upon which an appeal may be brought.
(2) The court will only exercise its powers under paragraph (1) where there is a compelling reason for doing so."
"25.15 -(1) The court may order security for costs of an appeal against –
(a) an appellant …
on the same grounds as it may order security for costs against a claimant under this Part.
(2) The court may also make an order under paragraph (1) where the appellant … is a limited company and there is reason to believe that it will be unable to pay the costs of the other parties to the appeal should its appeal be unsuccessful."
Security for Costs
"1. The court with which an appeal is lodged under Article 43 or Article 44 may, on the application of the party against whom enforcement is sought, stay the proceedings [i.e. for enforcement under Article 43] if an ordinary appeal has been lodged against the judgment in the Member State of origin …
2. Where the judgment was given in Ireland or the United Kingdom, any form of appeal available in the Member State of origin shall be treated as an ordinary appeal for the purposes of paragraph 1.
3. The court may also make enforcement conditional on the provision of such security as it shall determine." (emphasis added)
"We confirm that our client will appeal against any attempt to enforce the Order in Germany and will rely on the fact that an "ordinary appeal" (refer Article 46(2) of the Regulations) has been lodged with the Court of Appeal in England. Based on our understanding of German law any enforcement order will therefore be stayed." (emphasis added)
"The appellant has been ordered to pay the judgment debt and costs after a trial, and should do so as a condition of the court giving it permission to challenge the order, provided only that it can raise the money. We see nothing unjust or inconsistent with the overriding objective in requiring such a company to obey the court's orders as a condition of being permitted to continue to prosecute its appeal."
"The proper approach is to make the order which best accords with the interests of justice. Where there is a risk of harm to one party or another, whichever order is made, the court has to balance the alternatives to decide which is less likely to cause injustice. The normal rule is for no stay, but where the justice of that approach is in doubt, the answer may well depend on the perceived strength of the appeal."
Lord Justice Carnwath: