header-logo header-logo

05 February 2009
Issue: 7355 / Categories: Features , Procedure & practice , Costs , LexisPSL
printer mail-detail

Security for costs

Janna Purdie takes a look at security for costs from a claimant’s perspective.

Security for costs 

The Commercial Court has recently provided guidance for practitioners seeking security for costs against a defendant.

Facts of the case

(Ref, Jones v Environcom [2008] All ER (D) 115 (Jan))

The claimant insurers provided cover for a Scottish recycling facility owned by the defendant. When that facility burnt down the claimants considered that they had a right to avoid the policy. The insurers issued proceedings in England for a declaration that they had validly avoided the insurance policies due to non disclosure or alternatively that they were entitled to damages. The defendants contended there was no requirement for disclosure and therefore the insurers were not entitled to avoid the policies. The defendant also counterclaimed that they were entitled to an indemnity for the losses suffered as a consequence of the insurers’ actions and a declaration they were entitled to be indemnified in respect of such losses or that

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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll