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17 October 2025 / Jane Risley
Issue: 8135 / Categories: Features , Profession , Costs , CPR
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No jurisdiction on security

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Jane Risley analyses a recent ruling with implications for cost recovery for interested parties
  • The High Court’s ruling in The New Lottery Company Ltd & Anor v The Gambling Commission confirms that the court does not have the jurisdiction to award security for costs to interested parties.
  • Currently, there is no provision under the Civil Procedure Rules, nor any established authority, that permits security for costs to be granted in favour of an interested party.
  • Interested parties who contribute to litigation funding should take note of this judgment and its implications for cost recovery.

The recent decision in The New Lottery Company Ltd & Anor v The Gambling Commission [2025] EWHC 1522 (TCC) provides clarity on an important procedural issue: whether interested parties to litigation can apply for security for costs.

The High Court has now confirmed that it does not have the power to grant security for costs to interested parties. Mrs Justice Joanna Smith held that the Civil Procedure Rules (CPR) do not confer such jurisdiction

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NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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