Drafting note for application notice for security for costs
Drafting note for application notice for security for costs

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

  • Drafting note for application notice for security for costs
  • Introduction
  • Related precedents
  • General points
  • Question 3 of the application notice—order
  • Question 4 of the application notice—proposed order
  • Question 5 of the application notice—hearing
  • Question 6 of the application notice—length of hearing
  • Question 7 of the application notice—trial date
  • Question 8 of the application notice—level of judge
  • 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

Introduction

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)
PDF Format

These drafting notes are for use in conjunction with Form N244 only.

Related precedents

For other relevant precedents, see

Witness statement in support of application for security for costs

Order for security for costs

General points

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),