Home / Dispute Resolution / Costs and funding / Security for costs

Legal News

In brief: Security for costs—what are material circumstances? (Vald. Nielsen v Baldorino)

Copyright © 2025 LexisNexis

Published on: 10 May 2017

Published by a LexisNexis Dispute Resolution expert

Table of contents

Original news
What are the practical implications of this case?
What was this case about?
What were the facts?
What did judge decide?
What order was made?
Case details

Article summary

Dispute Resolution analysis: The Commercial Court, in making an order for additional security for costs, considers what is meant by a ‘material change in circumstances’ which is a requirement if making an application for additional security for costs. While events may have been a possibility at the time of the original security for costs order, that is not determinative as to whether they were taken into account for the purposes of the original application. Depending on the facts they could therefore form the basis of an additional security for costs application if those events actually occur—in this case re-amendment of pleadings and adjournment of trial.

Popular documents

Pre-action—costs recovery

Pre-action—costs recoveryThis Practice Note considers the recovery of costs incurred pre-action. It sets out provisions in the Senior Courts Act 1981 (SCA 1981), CPR 44, pre-action protocols and court guides. It notes the provisions for civil cases that come within the fixed costs regime on or after

Fixed costs—fast track trial costs (position prior to 1 October 2023)

Fixed costs—fast track trial costs (position prior to 1 October 2023)Note, the extension of the fixed costs regime came into force on 1 October 2023. For all civil cases, other than personal injury and disease, the extended fixed costs regime applies (unless the case is specifically excluded) where

Injunctions—costs recovery

Injunctions—costs recoveryThis Practice Note considers the costs position following an application for an interim injunction, the general approach taken by the courts and in what circumstances there will be a departure from the general position. This Practice Note also considers the court’s approach

Forthwith orders—costs prior to end of proceedings

Forthwith orders—costs prior to end of proceedingsThe general rule for detailed assessmentThe general rule for when detailed assessment is to take place is set out in CPR 47.1 which provides that the costs of any part of the proceedings are not to be determined by detailed assessment until the