Litigation Notes

Security for costs: Claimant ordered to provide security despite ATE policy with anti-avoidance endorsement

Commercial litigation podcast series – Episode 23: General update

Security for costs: High Court rejects parent company guarantee in favour of payment into court

In the context of a claim by a Russian company against two banks for failing to pay sums due under on-demand bonds, the High Court has allowed the banks’ …

English High Court holds English court judgments can be enforced in the United Arab Emirates

In the context of an application for security for costs on the basis that the claimant was resident in the United Arab Emirates ("UAE"), the High Court …

High Court finds onus on non-resident respondent to application for security for costs to provide evidence of location, nature and value of assets

Cryptocurrency insufficient to satisfy test for security for costs

Court of Appeal clarifies that cross-undertakings should rarely be required as a condition of security for costs

In a marked shift from previous first instance decisions, the Court of Appeal has provided guidance on the circumstances in which a defendant seeking …

High Court orders security for costs against member of Association of Litigation Funders  

In a recent decision in the group litigation brought in respect of the Ingenious Media film partnerships, the High Court has granted the defendants’ …

A no-deal Brexit: The implications for disputes

High Court orders Russian claimant to provide security for costs despite evidence of assets in Switzerland and Cyprus

The High Court has granted an order for security for costs against a Russian claimant, on the basis that there was a real risk that any costs order …

Court of Appeal confirms second claim an abuse of process after first claim struck out for non-payment of security for costs

In a recent judgment, the Court of Appeal upheld a decision to strike out a claim as an abuse of the court's process, where the claim repeated an earlier …

Draft Civil Procedure Rule changes in the event of a no deal Brexit

The government has published a draft statutory instrument, the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, which makes amendments …