Security for costs—what is it, its use and the court's discretion


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert
Practice notes

Security for costs—what is it, its use and the court's discretion


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert

Practice notes
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This Practice Note considers security for Costs under CPR 25. It explains what an order for security for costs is, who it may be sought against as well as the circumstances in which such an order is generally not available. It considers the court’s general discretion to make an order for security for costs, when security can be sought, the impact of whether such an order would stifle a claim as well as the ability of the claimant to provide the security sought. There is also guidance on the limitations in respect of availability of security for costs, the considerations which may arise in cases involving funders as well as insolvent claimants, winding cases and committal cases.

Note, on 6 April 2025 amendments to CPR 25 came into force which re-numbered the former provisions of CPR 25 and made amendments to some of the wording of its provisions on security for costs. This Practice Note refers to the previous rule 25 as ‘old rule 25’ and highlights any differences between

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Jurisdiction(s):
United Kingdom
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Key definition:
security definition
What does security mean?

money deposited to ensure that the defendant attends court;

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