header-logo header-logo

26 January 2012 / Kartik Mittal
Issue: 7498 / Categories: Features , Procedure & practice , EU , Costs
printer mail-detail

Why jurisdiction matters

Kartik Mittal offers some tips on securing security for costs orders

An application for security for costs is a popular and effective tool used by lawyers in litigation and arbitration to protect the defendant against the risk that the claimants, if they lose, will not discharge their obligations under a costs order made against them. One of the grounds under which the defendant can request the court to make an order for security for costs is that the claimant is resident out of the jurisdiction of the courts of England and Wales (CPR r 25.13(2)(a)). 

 
To be successful in an application for security for costs the defendant is required to prove that:
  • The claimant is resident out of jurisdiction but not resident in a Brussels or Lugano Convention state
  • The countries currently governed by the Brussels and Lugano Conventions are the member states of the EC and the European Free Trade Area.

There will be obstacles to or a burden of
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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll