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
The application should be made using Form N244: Application notice (Form N244)
PDF Format. If you are in the Commercial Court the relevant court form is Application notice—Commercial Court (Form N244(CC)) (Word)
These drafting notes are for use in conjunction with Form N244 only.
For other relevant precedents, see
Witness statement in support of application for security for costs
Order for security for costs
These drafting notes are to be used in conjunction with Form N244 and are not designed for use with Form N244(CC).
The form should be filled in with the details of the court proceedings eg title of the claim, reference number of the claim (CPR PD 23A, para 2.1).
Before making the application, a letter of request for security for costs should generally be made to the claimant's solicitor.
This application may be made at any time but it should be made promptly ie as soon as the party is aware of the facts justifying the application. Courts will consider any delay when deciding whether to grant the application.
If the application is being made against a company or a limited liability partnership under CPR 25.13(2)(c),
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