Single Criterion for Security

Leyvand v Barasch and others (Ch D TLR 23 March)

The fact that a claimant who was ordinarily resident outside the jurisdiction was also ordinarily resident within the jurisdiction did not preclude the court ordering security. The existing case law on orders for security for costs is no longer applicable and security cannot be ordered as a matter of course from a claimant ordinarily resident abroad. The single criterion for ordering security is for the court to consider what is just in the circumstances of the case. The existence of assets within the jurisdiction is relevant, as are the fixity and permanence of those assets.