05 October 2012
Te Hsing Maritime S.A and another v CertAsig S.A and another [2012] Lexis Citation 78, [2012] All ER (D) 115 (Sep)
It was settled law that security for costs was not available against a person resident out of the jurisdiction except in respect of additional obstacles to and burdens of enforcement of a judgment over and above the obstacles to and burdens which would be encountered in a Brussels or Lugano state. Security would only be ordered on that ground if a costs judgment in the UK would not be enforceable at all in the claimant’s own state, or if enforcement there would involve additional obstacles or burdens in addition to the obstacles and burdens applicable in a Brussels or Lugano state.
