Costs / Management Powers

Question 1

What is the 3 part test for ‘Security for Costs’ (only D can apply)?

Answer 1

(1) ‘JUST’ given all the circumstances of the case

(2) 1 or more of:
(a) C resides OUTSIDE OF JURISDICTION
(b) Reason to believe C UNABLE PAY D COSTS
(c) C taken STEPS to make ENFORCEMENT DIFFICULT

(3) Overriding objective

Question 2

What is the court’s GENERAL power of management?

Answer 2

CPR 3 - EXTEND or SHORTEN the time for compliance with any rule, practice direction or court order