Security for costs—making an application

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

  • Security for costs—making an application
  • Coronavirus (Covid-19) considerations
  • Principles applied by the court
  • Prior to making an application
  • When an application can be made
  • Application prior to service of the defence
  • Application at the case and costs management conference (CCMC)
  • Delay in making a security for costs application
  • Documents to file for an application for security for costs
  • Application—the application notice
  • More...

Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations below. For news and other resources to assist general dispute resolution practitioners working in the civil courts to understand and stay ahead of fast-moving changes in the civil courts’ processes and procedures necessitated by the Coronavirus pandemic, see: Coronavirus (COVID-19) implications for dispute resolution—overview.

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 the application required when seeking security for costs. It is one of a series which considers issues relating to security for costs under CPR 25. The other Practice Notes are:

  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—counterclaims and set offs

  4. Security for costs—additional security

  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.

There are different stages involved in seeking security for costs from the initial approach to the claimant for

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