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26 January 2012 / Kartik Mittal
Issue: 7498 / Categories: Features , Procedure & practice , EU , Costs
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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 enforcement of a subsequent order for costs in the context
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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