header-logo header-logo

Cost control

30 June 2011 / Bernard Pressman
Issue: 7472 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Bernard Pressman examines the intricacies of security for costs

In Bryan Huscroft v P & O Ferries Ltd [2010] EWCA Civ 1483, [2011] 2 All ER 762 the Court of Appeal considered how an application for security for costs should be made and under which circumstances security should be ordered (or, more particularly, under which circumstances it should not be ordered). At a case management conference (CMC) in the county court, the claimant (by then living in Portugal and unemployed) was ordered to pay £5,000 into court as security for the defendant’s costs, in default of which the claimant’s case was to be struck out. The claimant appealed the order.

CPR 3.1(3)

Rather than make its application under CPR 25, the defendant made, and was granted its application, under CPR 3.1(3), which provides that: “When the court makes an order, it may—(a) make it subject to conditions, including a condition to pay a sum of money into court; and (b) specify the consequence of failure to comply with the order or a condition.”

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: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll