A party resisting security for costs on the ground that the order would stultify the appeal must adduce satisfactory evidence of the financial position of any third-party funder; evidence on information and belief in unsatisfactory form will not suffice. Where a party's solicitors have a substantial financial stake in the outcome, the court may infer they would be prepared to advance further funds to ensure the appeal proceeds. An individual appellant's impecuniosity alone does not constitute special circumstances under UCPR r 51.50, but special circumstances may be found where the appeal has no clear practical value and the respondent would incur substantial irrecoverable costs.
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