Security for Costs – Cash is King

8 November 2018

In a further blow to Claimants responding to demands for security for costs, the High Court has ruled that where security for costs is to be provided by way of a Deed of Indemnity rather than a payment into court, the Court can in its discretion require that the indemnity should cover all the Defendant’s costs.

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The (in)adequacy of ATE policies as security for costs

10 September 2018

In a blow to claimants responding to demands for security for costs, the High Court as reiterated the general proposition that ATE policies are unlikely to provide adequate security if they contain certain exclusions.

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Exclusion clauses, reasonableness and freedom of contract

27 July 2018

Following a fire at its premises, Goodlife Foods Limited (Goodlife) commenced proceedings against Hall Fire Protection Limited (Hall Fire) for breach of contract and/or negligence in the supply and installation of a fire suppression system. In its defence Hall Fire sought to rely on an exclusion of liability clause contained within its standard terms and […]

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The right to choose: notifications and PI policies

14 June 2018

In the recent case of Cultural Foundation (t/a American School of Dubai) & another v Beazley Furlonge Ltd & others, the court considered issues surrounding the notification of insurance claims, where a prospective claim had the potential to fall within two separate notification periods. The case concerned professional indemnity insurance policies that provided insurance to […]

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Can ATE insurance constitute adequate security for costs?

19 February 2018

The Court of Appeal in Premier Motorauctions Ltd (in liquidation) v Pricewaterhousecoopers LLP[1] has considered the extent to which an After the Event (ATE) insurance policy is relevant when the court is considering granting security for costs. The case is significant because it raises questions of principle which had not previously been considered at an […]

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