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Security for Costs and Other Court Ordered Security [Pehme köide]

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  • Formaat: Paperback / softback, 176 pages, kõrgus x laius x paksus: 246x156x9 mm
  • Ilmumisaeg: 01-Apr-2010
  • Kirjastus: Jordan Publishing
  • ISBN-10: 1846611989
  • ISBN-13: 9781846611988
Teised raamatud teemal:
Security for Costs and Other Court Ordered SecuritySuurem pilt
  • Formaat: Paperback / softback, 176 pages, kõrgus x laius x paksus: 246x156x9 mm
  • Ilmumisaeg: 01-Apr-2010
  • Kirjastus: Jordan Publishing
  • ISBN-10: 1846611989
  • ISBN-13: 9781846611988
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9781846611988.html
Märksõnad:
Written by a team of commercial litigators from Littleton Chambers with a wide range of practical experience and expertise, this work takes a practical, problem-solving approach and shows litigators how to navigate the technicalities, utilise the weapons available to them and defend clients from claims. Security for Costs and Other Court Ordered Security will help practitioners develop case-winning strategies through using tactics that work. It is equally well suited to those working on large scale litigation and those who want to apply for summary judgement or for an order for security costs. This new title takes account of the procedural changes that came in to force in October 2009, including rules for the new Supreme Court. It is an essential companion for barristers, solicitors and in-house lawyers involved with civil litigation at all scales.

Written by a team of commercial litigators from Littleton Chambers with a wide range of practical experience and expertise, this work takes a practical, problem-solving approach and shows litigators how to navigate the technicalities, utilise the weapons available to them and defend clients from claims.

There are many circumstances in which the UK courts can order a party to put up cash security, from security for costs to receivership. Security of Costs and Other Court Ordered Security brings together critical analysis of, and practical guidance on, all types of security. Taking a practical, problem-solving approach, the authors show litigators how to navigate the technicalities, utilize the weapons available to them, and defend clients from claims. Written by a team of commercial litigators from Littleton Chambers in London, this book will help practitioners develop case-winning strategies through using tactics that work. It is equally well suited to those working on large scale litigation and those who want to apply for summary judgement or for an order for security costs. Contents include: security for costs . conditional leave to defend . sanctions for breach of rules . cross undertaking to damages in injunction cases . freezing injunctions . receivers . interpleaders . admiralty jurisdiction . enforcement of foreign arbitration awards.
Foreword v
Table of Cases
xi
Table of Statutes
xix
Table of Statutory Instruments
xxi
Table of European Material
xxiii
Chapter 1 Security for Costs - Introduction and Legal Gateways
1(18)
Introduction
1(2)
Legal gateways
3(1)
The conditions in CPR, r 25.13(2)
4(12)
Claimant is resident out of the jurisdiction
5(2)
Corporate claimants
7(5)
Claimant's change of address
12(1)
Claimant's failure to give address
13(1)
Claimant acting as nominal claimant
13(2)
Claimant making it difficult for costs order to be enforced
15(1)
Enactments permitting security
16(3)
County Courts Act 1984, s 49
16(1)
The Companies Act 2006, s 71
16(1)
The Arbitration Act 1996, s 70
16(3)
Chapter 2 Security for Costs - Discretion
19(10)
Just in all the circumstances
19(1)
Whether the claimant can comply with the order
19(1)
A balancing exercise
20(1)
Whether the application is being made to stifle a genuine claim
21(2)
The likelihood of the claim succeeding
23(1)
Whether the claimant's financial position has been caused by the defendant's conduct
24(1)
Claimant's legal expenses insurance
24(1)
Claimant's conditional fee agreement
25(1)
Counterclaims
26(3)
Chapter 3 Security for Costs against a Non-party
29(4)
Introduction
29(1)
Assignment
30(1)
Third party's costs contribution
31(1)
Disclosure and CPR, r 25.14
32(1)
Chapter 4 Security for the Costs of an Appeal
33(6)
The Court of Appeal
33(3)
The Supreme Court
36(3)
Chapter 5 Security for Costs - Procedure
39(12)
Making an application to the Senior Court or the county court
39(1)
Making an application to the Court of Appeal
40(1)
Making an applicaiton to the Supreme Court
40(1)
Undertaking by the applicant
41(1)
Timing of an application
42(1)
Amount of security
43(3)
Type of security
46(1)
Default
47(1)
Subsequent applications
48(1)
Revoking an order for security
49(1)
Return of security
49(2)
Chapter 6 Conditional Leave to Defend
51(6)
Threshold for summary judgment
51(1)
Conditional orders
52(2)
Approach to quantum
54(3)
Chapter 7 Sanctions for Breach of Rules
57(6)
Introduction
57(1)
Ordering a payment in
57(6)
Relevant provisions
57(1)
Security in respect of costs
58(1)
Approach of the court
58(2)
The application
60(3)
Chapter 8 Cross-undertakings in Damages in Injunctions
63(24)
Introduction
63(2)
Powers of the court in respect of cross-undertakings
65(1)
Respondents, parties, added parties and non-parties
65(4)
Implication of cross-undertakings
69(2)
Where an undertaking is given instead of an order
71(2)
Exceptions to the general rule: (1) The Crown
72(1)
Exceptions to the general rule: (2) Impecunious applicants
73(1)
Bolstering cross-undertakings with an order for security
73(2)
Enforcing the cross-undertaking
75(2)
In what circumstances will a cross-undertaking be enforced before trial?
77(1)
Ordering the inquiry as to damages
78(2)
Special circumstances justifying non-enforcement
80(1)
Trivial loss and fruitless inquiries
81(1)
Delay
81(1)
The assessment of damages
81(1)
Costs recoverable as part of the loss?
82(3)
Conclusion: a more liberal approach to the assessment of damages on the cross-undertaking?
85(1)
Security for costs of the inquiry
85(2)
Chapter 9 Freezing Orders
87(16)
Introduction
87(1)
Frozen not secured
88(4)
The principle
88(1)
The consequences of a freezing order not being security
89(3)
Enforcement out of the jurisdiction
92(11)
Introduction
92(1)
Dadourian Guidelines
92(6)
Dadourian Guidelines - the practical problems
98(5)
Chapter 10 Court Appointed Receivers
103(8)
Introduction
103(2)
The giving of security
105(1)
Dispensing with security
106(1)
Who may stand as surety?
107(1)
Practice and procedure
108(3)
Chapter 11 Miscellaneous
111(20)
Introduction
111(1)
Interpleader
111(1)
High Court
111(1)
County court
112(1)
Debtors Act 1869
112(2)
Judicial trustees
114(1)
Mental Capacity Act 2005
114(1)
Insolvency
115(2)
Admiralty proceedings in rem
117(1)
Arbitration
117(3)
Enforcement of judgments under Council Regulation (EC) 44/2001
120(3)
European Enforcement Orders
123(1)
Contempt of court
123(1)
Law of Property Act 1925, s 146(4)
124(1)
Employment Tribunals
124(4)
Payment of deposits
124(1)
Return of the deposits
125(1)
Time-limits
126(1)
Procedure
127(1)
Election petitions
128(3)
Appendix
CPR Part 24
131(1)
Practice Direction Part 24
131(2)
CPR Part 25 Security for costs
133(3)
Chancery Guide
136(1)
Queen's Bench Guide
137(1)
The Supreme Court of the United Kingdom Rules 2009
138(1)
The Supreme Court of the United Kingdom Practice Direction 7
139(4)
Index 143
Clive Freedman QC, joint head of Littleton Chambers Philip Bartle QC, Richard Perkoff, Adam Solomon, Sam Neaman, Brian Lacy and Katherine Apps, all of Littleton Chambers