The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For guidance, see: Cross border considerations—checklist—Brexit—impact on CPR.
This Practice Note considers what considerations apply when making an application for additional security for costs where circumstances have changed since the original security for costs was ordered.
For guidance on other issues relating to security for costs, see Practice Notes:
Security for costs—what is it, its use and the court's discretion
Security for costs—requirements and conditions (CPR 25.13)
Security for costs—making an application
Security for costs—counterclaims and set offs
Security for costs—level of security
Security for costs—ATE insurance
Security for costs—after an order is made
Security for costs—payment into and out of court
Security for costs—equivalent orders
There are also other CPR provisions which provide for orders which are equivalent to a security for costs order. For more information, see Practice Note: Security for costs—equivalent orders.
When considering whether to make an order for additional security for costs, the court will have regard to the previous court judgments dealing with security for costs. In Lewis Thermal Ltd v Cleveland Cable Company, it was held that the outcome of the application for additio
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