Security for Costs in UK Law

Leading Cases
  • Dymocks Franchise Systems (NSW) Pty Ltd v Todd
    • Privy Council
    • 21 July 2004

    ) Where, however, the non-party not merely funds the proceedings but substantially also controls or at any rate is to benefit from them, justice will ordinarily require that, if the proceedings fail, he will pay the successful party's costs. The non-party in these cases is not so much facilitating access to justice by the party funded as himself gaining access to justice for his own purposes.

  • Olatawura v Abiloye
    • Court of Appeal (Civil Division)
    • 17 July 2002

    That seems to me to point the way admirably: a party only becomes amenable to an adverse order for security under rule 3.1(5) (or perhaps 3.1(2)(m)) once he can be seen either to be regularly flouting proper court procedures (which must inevitably inflate the costs of the proceedings) or otherwise to be demonstrating a want of good faith—good faith for this purpose consisting of a will to litigate a genuine claim or defence as economically and expeditiously as reasonably possible in according with the over-riding objective.

  • Aliaksandr Hniazdzilau v Zolt Adam Vajgel and Others
    • Chancery Division
    • 11 May 2015

    Delay in making the application is one of the circumstances to which the court will have regard when exercising its discretion to order security. The court may refuse to order security where delay has deprived the claimant of the time to collect the security, or led the claimant to act to his detriment or may cause hardship in the future costs of the action.

  • Nasser v United Bank of Kuwait
    • Court of Appeal (Civil Division)
    • 21 December 2001

  • Metalloy Supplies Ltd v M.A. (U.K.) Ltd
    • Court of Appeal (Civil Division)
    • 12 December 1996

  • Bestfort Developments Llp and Others v Ras Al Khaimah Investment Authority and Others
    • Court of Appeal (Civil Division)
    • 08 November 2016

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Legislation
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... of charged property free from chargeThe holder of the security interest and the monitorA32Disposal of hire-purchase propertyThe owner of ... to the deduction from realisations by the supervisor of the proper costs and expenses of such realisations ... (5) The supervisor must from time ... ...
  • Solicitors Remuneration Act 1881
    • UK Non-devolved
    • January 01, 1881
    ... ... for his services, any costs, remuneration, charges, expenses, or ... disbursements: ... ‘Person’ ... Security for costs, and interest on disbursements.5 Security for costs, and ... ...
  • Common Law Procedure Act 1854
    • UK Non-devolved
    • January 01, 1854
  • The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
    • UK Non-devolved
    • January 01, 2013
    ... ... of the case, the complexity of the issues, the anticipated costs and the resources of the parties and of the Tribunal;(b) avoiding ... (1) In a land registration case, a respondent may apply for security for the respondent's costs of the proceedings in the Tribunal ... (2) ... ...
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Books & Journal Articles
  • Table of Statututory Instruments
    • Contents
    • Partnership and LLP Law - 2nd edition
    • Elspeth Berry
    • 31-35
    ... ... The Summary Disposal of Claims 136 Pt 25 – Interim Remedies and Security for Costs 135, 136 ... xxxii Partnership and LLP Law Civil Procedure ... ...
  • Table of Statutory Instruments
    • Contents
    • Positive Covenants and Freehold Land
    • Christopher Jessel
    • 29-30
    ... ... Pt 25 – Interim Remedies and Security for Costs r 25.1(1)(c) 55 r 25.1(1)(c)(i) 55 r 25.1(1)(d) 55 PD40B – ... ...
  • Interim Applications (Motions)
    • Contents
    • Advocacy - A Practical Guide
    • Peter Lyons
    • 61-71
    ... ... the overriding objective1Will the order I am seeking save time and costs or narrow the issues between the parties?’ ... 1.2 Know the facts ... This is an application for security for costs.’ ... A better advocate begins like this: ... ‘May it ... ...
  • House of Commons Disqualification Act, 1957
    • No. 20-5, September 1957
    • The Modern Law Review
    ... ... =1730579831&Signature=BBCv0dFM1G60m%2FC8CIAkMmBolGY%3D&x-amz-security ... 7). The applicant must give security for costs and the Judicial Committee may direct that any issue of fact ... ...
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Law Firm Commentaries
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Forms
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