Summary
Whether prosecuting or defending litigation, the associated
costs can be, and often are, significant. Any comfort that
might be drawn from the possibility of recovering an element of
those costs from the losing adversary may be qualified by the risk
of that losing party ultimately being unable to pay. For
those reasons, applying for security for costs, by which a party is
ordered to make a payment into court, or provide some form of
guarantee, as security for its opponent s costs, will be a
consideration for many litigants, and litigators, at some stage in
the life of a claim.