Security for costs—additional security

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Security for costs—additional security
  • Previous judgments on security for costs
  • Requirement of a material change of circumstances

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:

  1. Security for costs—what is it, its use and the court's discretion

  2. Security for costs—requirements and conditions (CPR 25.13)

  3. Security for costs—making an application

  4. Security for costs—counterclaims and set offs

  5. Security for costs—level of security

  6. Security for costs—ATE insurance

  7. Security for costs—after an order is made

  8. Security for costs—payment into and out of court

  9. 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.

Previous judgments on security for costs

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 additional security must reflect both of the previous judgments of the court.

Requirement of a material change of circumstances

The CPR does

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