header-logo header-logo

Cost control

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

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll