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 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:
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—counterclaims and set offs
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
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 such security through to cancellation of the security. The issue of refusal to comply with the order for security for costs and an objection to surety proposed also need to be considered. For a checklist of the different stages, see: The process for obtaining or objecting to security for costs—checklist.
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. 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
Take a free trial
0330 161 1234