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Categories:
Commercial Law
Civil Litigation, Procedure & Settlement
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at civil or commercial practitioners, particularly those engaged in litigation. It’s intended for those with at least a background awareness of the circumstances in which security for costs might be sought. It aims to set out and discuss the factors a court is likely to find persuasive in an application by a Defendant to obtain security for costs against a Claimant. The court’s discretion in this regard is very wide; this podcast will assist listeners to channelling it in their favour.

Outcomes:
After completing the course you will:
  • Know what factors the court will have regard to in deciding whether it is just to order security for costs;
  • Know what scope the court has to consider the merits of the case as part of an application for security for costs;
  • Know whether there are any human rights considerations that may be prayed in aid in an application for security for costs;
  • Know how to deal with an argument that granting an order for security for costs it will stifle a claim;
  • Know how proportionality impacts upon arguments in favour or against ordering security for costs;
  • Understand the risks in delaying an application for security for costs;
  • Understand to what extent de facto security for costs – such as payments into court or other cost orders – are relevant to an application for security for costs;
  • Know to what extent the Claimant's conduct is relevant to whether the court will grant an order for security;
  • Understand whether there is a substantial difference between security for costs before trial and on an appeal;
  • Know to what extent a Claimant’s entry into a CFA with their solicitor – say with a hefty success fee – will influence the court’s discretion whether to award security for costs;
  • Know whether a Claimant will have grounds to seek security for costs in defending a counter claim;
  • Understand how security for costs applications work whether there is more than one Claimant;
  • Know to what extent the court is permitted to treat an order for security for costs as a sanction;
  • Understand the relationship between security for costs applications and applications for summary judgment;
  • Be aware of the difficulties in seeking security for costs against a non-residence Claimant.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Practical Guide
Procedural
Sources and References:
  • CPR 25.13;
  • Keary Developments v Tarmac Construction Ltd in [1995] 3 All ER 534 CA;
  • Tolstoy Miloslavsky v UK [1995] ECHR 25;
  • Al-Koronky v Time Life Entertainment Group Ltd [2006] EWCA Civ 1123 CA;
  • M V Yorke Motors (a firm) v Edwards [1982] 1 All ER;
  • Europa Holdings Ltd v Circle Industries (UK) plc [1993] BCLC 320 CA;
  • Trident International Freight Services Ltd v Manchester Ship Canal Co [1990] BCLC 263;
  • Vedatech Corporation v Crystal Decisions (UK) Ltd [2002] EWCA Civ 356 CA;
  • JSC BTA Bank v Mukhtar Ablyazov [2011] EWHC 2500 (Comm);
  • Texuna International Ltd v Cairn Energy Plc [2004] EWHC 1102 (Comm);
  • Great Future International Ltd & Ors v Sealand Housing Corporation & Ors [2002] EWCA Civ 1183;
  • Jones v Environcom Ltd & Anor [2009] EWHC 16 (Comm);
  • Ali v Hudson [2003] EWCA Civ 1793;
  • Anglo-Eastern Trust Ltd & Anor v Kermanshahchi [2002] EWCA Civ 198;
  • Fitzgerald v Williams [1996] 2 WLR 447;
  • Brussels I Regulation (EC) No 44/2001.
Tags:

In this podcast we speak to commercial barrister Richard Perkoff about the court's discretion to order security for costs against a Claimant in civil or commercial litigation.

Podcast added: 27/07/12

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