Show Summary Details
A Practical Approach to Civil Procedure

A Practical Approach to Civil Procedure (25th edn)

Stuart Sime
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 26 February 2024

p. 29526. Security for Costslocked

p. 29526. Security for Costslocked

  • Stuart SimeStuart SimeAssociate Dean and Head of Department, The City Law School, City, University of London


The question of who pays for the costs of a claim is generally not determined until the claim is finally disposed of, whether by consent, interim process, or trial. However, an order for security for costs can be made against a party in the position of a claimant. Once security is given it may be retained, subject to the court’s discretion, pending an appeal. An order for security for costs usually requires the claimant to pay money into court as security for the payment of any costs order that may eventually be made in favour of the defendant, and staying the claim until the security is provided. On the application three issues arise: (i) whether one of the conditions for ordering security for costs is satisfied; (ii) if so, whether, having regard to all the circumstances of the case, it would be just to exercise the court’s discretion in favour of making the order; and (iii) if so, how much security should be provided. This chapter considers each of these three issues. It begins by looking at the procedure for making the application and the capacity of the respondent to the application.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.


Access to the full content requires a subscription