Recent UK Supreme Court decision could have far-reaching consequences for appeals
In a split decision, the Supreme Court recently considered whether an order requiring an appellant to pay money (that the appellant does not have) into court to continue an appeal “stifles” the appeal and whether the order should be overturned. The Supreme Court stated that such an order may be justified when the appellant company has established (on the balance of probabilities) that no such funds would (not could) be made available to the company, whether by the appellant’s owner or by some other closely associated person, as would enable the appellant to satisfy the requested condition.
Goldtrail Travel Ltd (in liquidation) v Onur Air Tasimacilik: the Case and Judgment
The Turkish airline appellant Onur was granted permission to appeal to the Court of Appeal on the condition that Onur pay into court £3.64 million that the High Court judge had awarded the respondent Goldrail by way of damages. Onur subsequently applied to the Court of Appeal for an order that the condition for payment into court be discharged on the ground that Onur could not comply with the condition, and that the effect of dismissing Onur’s appeal by reference to the condition would be to stifle its appeal.