ABSTRACT

This chapter discusses Security for Costs: Related Practice. First applications for security for costs should not be made later than at the Case Management Conference and in any event any application should not be left until close to the trial date. Successive applications for security can be granted where the circumstances warrant. If a claimant wishes to seek to preclude any further application it is incumbent on the claimant to make that clear. Investigation of the merits of the case on an application for security is strongly discouraged. It is usually only in those cases where it can be shown without detailed investigation of evidence or law that the claim is certain or almost certain to succeed or fail will the merits be taken into consideration. Experience has shown that it is usually better to give the claimant a reasonable time within which to provide the security and the other party liberty to apply to the Court in the event of default.