“…il International Ltd v Addax Energy SA & another [2016] 1 CLC 336 at [19]-[20] in the context of applications for security for costs and Yorke Motors v Edwards [1982] 1 WLR 444, 449B-E in the context of arguments that requiring payment into court as a condition of leave to defend a claim on a summary judgment application would stifle …”
“…court or the provision of security with which it is likely to be impossible for the defendant to comply. As Lord Diplock explained in MV Yorke Motors v Edwards [1982] 1 WLR 444, “that would be a wrongful exercise of discretion, because it would be tantamount to giving judgment for the plaintiff notwithstanding the court’s opinion that…”
“…When the matter came to the House of Lords (M.V. Yorke Motors v Edwards [1982] 1 WLR 444) their Lordships upheld the decision of the Court of Appeal, and dismissed the appeal. In his leading speech, Lord Diplock quoted the central passages from the…”