CA-2025-001045-A - [2025] EWCA Civ 1300

Grounds of the application for security for costs

By CPR 25.29(1) this Court may order security for costs on an appeal against an appellant on the same grounds as security may be ordered against a claimant.

The application is made under three heads:

The appellants are resident out of the jurisdiction (CPR 25.27(b)(i));

Phoenix is a company and there is reason to believe that it will be unable to pay the Claimants’ costs if ordered to do so (CPR 25.27(b)(ii)); and

The appellants have taken steps in relation to their assets that would make it difficult to enforce an order for costs against them (CPR 25.27(b)(vi)).

The decision whether to grant security involves a two-stage inquiry. First, to ask whether one or more of the conditions listed at CPR 25.27(b) is satisfied. Second, to ask whether it is just in all the circumstances to make an order.