Security for Costs in the context of Insolvency Litigation

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Security for Costs applications are often made by defendants in litigation to protect a Defendant from not being able to realise a costs order against a plaintiff if the defendant is ultimately successful. Essentially, the order is to protect a defendant against the risk that a costs order obtained at the end of the litigation may turn out to be of no value by reason of the impecuniosity of the plaintiff. Against this is that rule that the Courts should not stifle a person’s right to access justice and that poverty is no bar to a litigant. Microsoft_Word_-_Legal_Review_Security_for_Costs_in_the_context_of_Insolvency_Litigation.pdf

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