header-logo header-logo

30 June 2011 / Bernard Pressman
Issue: 7472 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Cost control

Bernard Pressman examines the intricacies of security for costs

In Bryan Huscroft v P & O Ferries Ltd [2010] EWCA Civ 1483, [2011] 2 All ER 762 the Court of Appeal considered how an application for security for costs should be made and under which circumstances security should be ordered (or, more particularly, under which circumstances it should not be ordered). At a case management conference (CMC) in the county court, the claimant (by then living in Portugal and unemployed) was ordered to pay £5,000 into court as security for the defendant’s costs, in default of which the claimant’s case was to be struck out. The claimant appealed the order.

CPR 3.1(3)

Rather than make its application under CPR 25, the defendant made, and was granted its application, under CPR 3.1(3), which provides that: “When the court makes an order, it may—(a) make it subject to conditions, including a condition to pay a sum of money into court; and (b) specify the consequence

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll