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 whether the court will make an order for security for costs in cases in which there are counterclaims. A key consideration will be whether the defendant is making a counterclaim or is in fact seeking set-off. The approach of the court will differ depending on whether it is a counterclaim or a set-off. The key authority in this area is Hutchison Telephone v Ultimate Response. It is one of a series of Practice Notes which considers issues relating to security for costs under CPR 25. The other Practice Notes are:
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—additional security
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
In cases in which a defendant makes an application for security for costs, it maybe that the there are co-extensive claims. In such cases, the court will look at whether it is fair to make
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.