Security for costs

Security for Costs – Cash is King

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.

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

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 […]

Can ATE insurance constitute adequate security for costs?

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 […]