- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (03/10/2016)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 31/12/2020
Point in time view as at 03/10/2016.
There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Cross Heading: II SECURITY FOR COSTS.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
F1Pt. 25 Section 2 inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 3 Pt. 2
25.12—(1) A defendant to any claim may apply under this Section of this Part for security for his costs of the proceedings.
(Part 3 provides for the court to order payment of sums into court in other circumstances. Rule 20.3 provides for this Section of this Part to apply to Part 20 claims)
(2) An application for security for costs must be supported by written evidence.
(3) Where the court makes an order for security for costs, it will—
(a)determine the amount of security; and
(b)direct—
(i)the manner in which; and
(ii)the time within which
the security must be given.
Modifications etc. (not altering text)
C1Rules 25.12-25.15 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 25(7)
25.13—(1) The court may make an order for security for costs under rule 25.12 if—
(a)it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and
(b)(i)one or more of the conditions in paragraph (2) applies, or
(ii)an enactment permits the court to require security for costs.
(2) The conditions are—
[F2(a)the claimant is—
(i)resident out of the jurisdiction; but
(ii)not resident in a Brussels Contracting State, a [F3State bound by the Lugano Convention] [F4, a State bound by the 2005 Hague Convention] or a Regulation State, as defined in section 1(3) of the Civil Jurisdiction and Judgments Act 1982;]
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)the claimant is a company or other body (whether incorporated inside or outside Great Britain) and there is reason to believe that it will be unable to pay the defendant’s costs if ordered to do so;
(d)the claimant has changed his address since the claim was commenced with a view to evading the consequences of the litigation;
(e)the claimant failed to give his address in the claim form, or gave an incorrect address in that form;
(f)the claimant is acting as a nominal claimant, other than as a representative claimant under Part 19, and there is reason to believe that he will be unable to pay the defendant’s costs if ordered to do so;
(g)the claimant has taken steps in relation to his assets that would make it difficult to enforce an order for costs against him.
(Rule 3.4 allows the court to strike out a statement of case and Part 24 for it to give summary judgment)
Textual Amendments
F2Rule 25.13(2)(a) substituted (1.4.2003) by The Civil Procedure (Amendment No. 2) Rules 2002 (S.I. 2002/3219), rules 1, 3(a)
F3Words in rule 25.13(2)(a)(ii) substituted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), regs. 1(1), 34 (with reg. 48)
F4Words in rule 25.13(2)(a)(ii) inserted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), reg. 1(1), Sch. para. 5
F5Rule 25.13(2)(b) omitted (1.4.2003) by virtue of The Civil Procedure (Amendment No. 2) Rules 2002 (S.I. 2002/3219), rules 1, 3(b)
Modifications etc. (not altering text)
C1Rules 25.12-25.15 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 25(7)
25.14—(1) The defendant may seek an order against someone other than the claimant, and the court may make an order for security for costs against that person if—
(a)it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and
(b)one or more of the conditions in paragraph (2) applies.
(2) The conditions are that the person—
(a)has assigned the right to the claim to the claimant with a view to avoiding the possibility of a costs order being made against him; or
(b)has contributed or agreed to contribute to the claimant’s costs in return for a share of any money or property which the claimant may recover in the proceedings; and
is a person against whom a costs order may be made.
(Rule [F646.2] makes provision for costs orders against non-parties)
Textual Amendments
F6Word in rule 25.14 substituted (1.10.2013) by The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 10
Modifications etc. (not altering text)
C1Rules 25.12-25.15 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 25(7)
25.15—(1) The court may order security for costs of an appeal against—
(a)an appellant;
(b)a respondent who also appeals,
on the same grounds as it may order security for costs against a claimant under this Part.
(2) The court may also make an order under paragraph (1) where the appellant, or the respondent who also appeals, is a limited company and there is reason to believe it will be unable to pay the costs of the other parties to the appeal should its appeal be unsuccessful.]
Modifications etc. (not altering text)
C1Rules 25.12-25.15 applied (with modifications) (1.10.2007) by The Court of Protection Rules 2007 (S.I. 2007/1744), rules 1, 25(7)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Yr Offeryn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Yr Offeryn Cyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.