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A defendant seeks security from an overseas claimant said to have no enforceable assets in England. Structure the application by identifying the exact CPR 25.28 condition and its evidence, then keep that jurisdictional gateway separate from the CPR 25.27 question whether ordering security would be just.
You appear for a defendant seeking GBP 60,000 security for costs from a dormant claimant. Its accounts show GBP 80,000 net liabilities and no trading income; its director mentions a possible investor but supplies no commitment. What further financial, funding and likely-cost evidence is needed to show a real non-payment risk?
Security is sought from a claimant with weak accounts, but the application arrived after costly trial preparation and the claimant says the defendant's repudiation caused its cash shortage. Weigh timing, enforcement risk, a responsible view of merits, causation of impecuniosity and proportionality when deciding whether security is just.
You appear for a defendant seeking GBP 40,000 security for costs. The claimant says the order would stifle its arguable claim but supplies no bank statements or evidence of approaches to funders. The judge asks, 'Why would security not shut out the claim?' Answer directly and offer a staged bond or other proportionate form.
The defendant estimates GBP 75,000 future recoverable costs but requests GBP 100,000 cash; the claimant offers a bank guarantee instead. Recast the request by linking amount to the recoverable stages, applying proportionality, comparing cash, bond and guarantee, and specifying staged deadlines rather than an unexplained round figure.
The court is willing to protect GBP 50,000 of future costs but doubts that an immediate lump sum is fair. Draft a primary order for the amount and acceptable form, a lower or staged fallback, compliance dates and consequences, and the costs disposition on the security application.
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