header-logo header-logo

28 April 2011 / George Woods
Issue: 7463 / Categories: Features , Procedure & practice , Costs
printer mail-detail

A neat alternative

A director’s guarantee is a useful option where a security for costs application is likely to be rejected, says George Woods

Applications for security for costs are usually made early in the proceedings and applicants are encouraged not to leave them until the trial approaches.
In Inventors Friend v Leathes Prior [unreported] an application was made two weeks before the anticipated trial date for the substantive claim and was heard less than one week before that date. The claimant argued that such an application was late and would stifle the claim. The defendant agreed to accept a personal guarantee from a director of the claimant rather than require the sums actually be raised.

The court felt such an order would not stifle the claim, and gave the defendant some comfort as to payment of its costs. Any risk as to the value of such a guarantee fell on the defendant who was happy to accept such a risk as a price of obtaining the

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

Trowers & Hamlins—Paul Batchelor

Trowers & Hamlins—Paul Batchelor

Trowers Hamlins strengthens Birmingham Office with senior corporate partner hire

Birketts—trainee appointments

Birketts—trainee appointments

Birketts welcomes largest ever Trainee Solicitor cohort for 2026

Sidley—James Sherlock

Sidley—James Sherlock

Sidley Expands Private Equity Practice With James Sherlock in London

NEWS
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
back-to-top-scroll