Security for costs

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NOTE: The Civil Procedure Rule Committee (CPRC) is seeking views on proposed amendments to CPR 25 (Interim Remedies and Security for Costs). In particular, the proposals include the revocation of CPR PD 25A and CPR PD 25B to be replaced by stand alone prescribed forms. For further information, see: LNB News 20/12/2023 114—CPRC seeks views on proposed amendments to Part 25 of the CPR, as well as News Analyses: Minutes of the CPR Committee meeting—7 July 2023 (item 6) and Minutes of the CPR Committee meeting—6 October 2023 (item 11).

In litigation, the usual position in relation to costs is that the unsuccessful party will be ordered to pay the successful party’s recoverable costs. Such costs may be substantial, especially when dealing with cases involving a foreign element which gives rise to additional costs, eg travel, expert evidence on foreign law, etc. While a defendant may be confident of their ability to defend the claim, they may nevertheless have concerns about potential difficulties in recovering costs that are provided for in any costs order against the claimant. The purpose of a security for costs order,

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