Security for costs—equivalent orders

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

  • Security for costs—equivalent orders
  • What provisions are available to seek security for costs?
  • CPR 3.1(3)
  • CPR 3.1(5)
  • First instance decisions
  • CPR PD 24, paras 4 and 5
  • CPR 83.7(4) and CPR 44.2(1)(c)

This Practice Note considers Civil Procedure Rules (CPR) and practice directions which provide orders for security for costs which are equivalent to those available under CPR 25. Information in relation to security for costs orders are available as a suite of Practice Notes, see:

  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—additional security

  6. Security for costs—level of security

  7. Security for costs—ATE insurance

  8. Security for costs—after an order is made

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

What provisions are available to seek security for costs?

When considering a security for costs application, generally the first consideration is whether the provisions in CPR 25 (Interim Remedies and Security for Costs) assist. There are various bases on which an order for security can be sought. For further information on those provisions, see suite of Practice Notes listed above.

Alongside the provisions in CPR 25 there are other Parts of the CPR as well as practice directions which provide for orders equivalent to a security for costs order. As the Court of Appeal in Olatawura v Abiloye held these are 'tantamount' to orders for security for costs. These were identified as:

  1. CPR 3.1(3)—allows the court to make any order conditional on (among other things)

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