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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A real risk, but how likely is it?

3 October 2018

The Court of Appeal has confirmed that where it is found that a defendant is entitled to security for its costs, the quantum of security should not be calculated by reference to a “sliding scale” depending on the likelihood of non-enforcement.

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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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Don’t dawdle – the importance of a prompt application for security

27 July 2018

A recent interim judgment in the case of Accident Exchange Ltd & Anor v McLean & Ors [2018] EWHC 1533 (Comm) serves as an important reminder that parties seeking security should be proactive in their approach to enquiries of their counterparty and their financial circumstances, and that a delay in making an application for security […]

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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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