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.
In addition, in some instances the court is required to consider the issue of human rights under the European Convention on Human Rights (ECHR) as implemented by the Human Rights Act 1998 (HRA 1998). For the impact of Brexit, see Q&A: What does Brexit mean for the Human Rights Act 1998?
This Practice Note explains the requirements under CPR 25.12 which need to be met to enable a court to order security for costs against the claimant (or counterclaiming defendant). It looks at the conditions in CPR 25.13 that need to be satisfied including residency, solvency, and avoidance of enforcement. The effect of nominal claimants and co-extensive claims are also discussed. 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—making an application
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
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