Security for costs—making an application
Security for costs—making an application

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

  • Security for costs—making an application
  • Prior to making an application
  • When to make an application
  • Delay in making a security for costs application
  • Documents to file for an application for security for costs
  • Application—the application notice
  • Application—the evidence
  • Application—the order
  • Application—court fee
  • Undertakings by the defendant
  • more

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 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.

Prior to making an