Security for Costs in UK Law

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

  • Parkinson (Sir Lindsay) & Company Ltd v Triplan Ltd
    • Court of Appeal (Civil Division)
    • 19 Enero 1973

    Mr. Levy helpfully suggests some of the matters which the Court might take into account, such as whether the company's claim is bona fide and not a sham and whether the company has a reasonably good prospect of success. It would also consider whether the company's want of means has been brought about by any conduct by the defendants, such as delay in payment or delay in doing their part of the work.

  • Olatawura v Abiloye
    • Court of Appeal (Civil Division)
    • 17 Julio 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.

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

    Returning to Part 25.15(1) and 25.13(1) and (2)(a) and (b), if the discretion to order security is to be exercised, it should therefore be on objectively justified grounds relating to obstacles to or the burden of enforcement in the context of the particular foreign claimant or country concerned. Insolvent or impecunious companies present a different situation, since the power under CPR Part 25.13(2)(c) applies to companies wherever incorporated and resident, and is not discriminatory.

    The courts may and should, however, take notice of obvious realities without formal evidence.

  • Aliaksandr Hniazdzilau v Zolt Adam Vajgel and Others
    • Chancery Division
    • 11 Mayo 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.

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

    Where such proceedings are bought bona fide and for the benefit of the company, the company is the real plaintiff. If in such a case an order for costs could be made against a director in the absence of some impropriety or bad faith on his part, the doctrine of the separate liability of the company would be eroded and the principle that such orders should be exceptional would be nullified.

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Legislation
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • 1 de Enero de 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
    • 1 de Enero de 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
    • 1 de Enero de 1854
    ... ... Causes, to the Judge of any County Court, upon such Terms as to Costs and otherwise as such Court or Judge shall think reasonable; and the ... of the Writ, Keeping an Account, giving Security, or otherwise, as to such Court or Judge ... shall seem reasonable and ... ...
  • The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
    • UK Non-devolved
    • 1 de Enero de 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 – ... ...
  • Extra-Territoriality
    • No. 3-1, January 1930
    • Police Journal: Theory, Practice and Principles
    ... ... =1713506216&Signature=SzGafWEEpMIDSoxd5SGEV3c%2FpMM%3D&x-amz-security ... was not himself a national) he had to deposit security for costs. The wholesale firm, being Siamese, had therefore to deposit security ... ...
  • 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 ... ...
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Law Firm Commentaries
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Forms
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