Court of Appeal can still impose conditions even after leave to appeal granted

This judgment is important in reiterating:

• the court can still impose conditions (such as for security for costs) on a party who has already been granted leave to appeal
• a party wishing to argue that their claim will be stifled for lack of financial resources if security for costs are imposed must make full and frank disclosure of all its financial resources including those of its shareholders, its ability to raise credit etc.

Philip Shepherd QC and Bajul Shah successfully argued that the defendants should meet the order for security for costs.

(1) Mahan Air (2) Blue Sky Air Co FZE v Blue Sky One Ltd & Ors 2011 EWCA Civ 544