header-logo header-logo

28 April 2011 / George Woods
Issue: 7463 / Categories: Features , Procedure & practice , Costs
printer mail-detail

A neat alternative

A director’s guarantee is a useful option where a security for costs application is likely to be rejected, says George Woods

Applications for security for costs are usually made early in the proceedings and applicants are encouraged not to leave them until the trial approaches.
In Inventors Friend v Leathes Prior [unreported] an application was made two weeks before the anticipated trial date for the substantive claim and was heard less than one week before that date. The claimant argued that such an application was late and would stifle the claim. The defendant agreed to accept a personal guarantee from a director of the claimant rather than require the sums actually be raised.

The court felt such an order would not stifle the claim, and gave the defendant some comfort as to payment of its costs. Any risk as to the value of such a guarantee fell on the defendant who was happy to accept such a risk as a price of obtaining the order.

This outcome should be borne in mind by those

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll