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 sets out the principles underlying the use of security for costs under CPR 25. It is one of a series of Practice Notes which considers issues relating to security for costs under CPR 25. The other Practice Notes are:
Security for costs—requirements and conditions (CPR 25.13)
Security for costs—making an application
Security for costs—counterclaims and set offs
Security for costs—level of security
Security for costs—ATE insurance
Security for costs—after an order is made
Security for costs—additional security
Security for costs—payment into and out of court
Security for costs—equivalent orders
There are also other Civil Procedure Rules (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.
When considering making an application for security for costs, you may also wish to consider whether to make an application for summary judgment or strike out at the same time. See: Summary judgment and strike out—overview.
In litigation, the usual position in relation to costs is that the losing party will be ordered to pay the other side's recoverable costs. Such costs
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