Security for Costs
If you successfully defend civil court proceedings brought against you (the Defendant), you can usually expect an order from the court that the party bringing the claim (the Claimant) pay the reasonable legal costs you have incurred. However, if the Claimant cannot afford to pay the costs ordered, you can be left out of pocket.
Our Tip is:- If during the course of defending civil proceedings, you consider that the Claimant will not be able to pay your legal costs if later ordered to do so, you should seriously consider an application for security for costs.
An order for security for costs requires a Claimant to pay money into court as security for the Defendant’s costs, to ensure that the Defendant has their costs paid should the claim be unsuccessful. If the court imposes a payment but the Claimant cannot afford to pay it, it will be prevented from pursuing the case any further.
If you would like more information on security for costs please contact our litigation team on 0845 0738 445 or email email@example.com
Latest MLP Law News
- April 7th, 2015#BeatStephen: The big day is nearly upon us!
There’s just two weeks left to go until the ASICS Greater Manchester Marathon and I’m certainly starting to feel the pressure. When I set foot out of the door on a cold and rainy Sunday for a ‘long’ three mile run in November, it didn’t feel like April would ever arrive. Sure enough, I set foot out of the same door four months, 20 weeks, 280 miles, 50 runs and one pair of shoes later into a very wet and cold Sunday morning for my considerably longer run of 20 miles. This time I start my runs feeling happier, lighter, confident and keen to get going. What a massive difference this is to when I first began my training! If you’re reading this and you’re running the Manchester marathon, or any other marathon for that matter, then I want to say ... Read More »
- March 26th, 2015Holiday Pay and Commission – what’s the latest?
Yesterday, an Employment Tribunal found that the Working Time Regulations 1998 must be interpreted as if it had additional wording which states that commission should be included in the calculation of holiday pay. This finding follows a period of uncertainty during which it was unclear whether UK legislation on holiday pay was compatible with a previous ruling made by the European Court of Justice that commission payments must be included in the calculation of holiday pay. It is therefore now beyond any doubt that employers are required to include commission in holiday pay paid to their employees. The difficulty at present, however, is that it remains unclear precisely how the commission should be calculated, including the reference period which should be taken into account when calculating commission for the purposes of holiday pay. However, whilst the Judge did not specifically decide upon ... Read More »
- March 13th, 2015Are you a fast growing business in the Technology, Media or Telecoms sector?
If you answered yes then you should consider entering our newly launched awards – ‘TMT Class of 2015′. We’ve set up the awards to recognise excellence within businesses in the UK’s dynamic Telecoms, Media and Technology (TMT) sectors. The awards are open to all businesses formed in or after 2010 that are thriving in today’s fast-growing digital landscape. We’re hoping that the awards will help us forecast what the TMT landscape might look like in 2020, and the businesses that are likely to shape its future, by looking at those that have set the bar high and excelled in their sector since inception. We’ll judge entrants on a number of metrics including innovation, creativity, key business achievements and future vision. The TMT sectors are elemental in the growth of our economy and we hope that the awards will help uncover some of the ... Read More »
- March 11th, 2015The importance of financial disclosure when getting divorced
According to a recent survey almost 25% of people seek to hide some of their assets when negotiating divorce settlements. The only reason for doing so is to frustrate a potential claim by the former spouse. Whilst the news comes as no surprise to any experienced family lawyer, it does pull into sharp focus just how widespread the problem is. I have lost count of the number of times a client has walked into my office to tell me that their other half has proposed to do things without solicitors “to save money”. This usually sets alarm bells ringing. In most cases of this nature we subsequently discover that there are assets or investments which were not known about at the outset, often of significant value. Full financial disclosure is vital to ensuring that any settlement is fair and reasonable. Quite often ... Read More »
- March 11th, 2015And the future is…MEDIATION!
Court proceedings can be very expensive and time consuming. Period! No matter how strong your case, litigation is never without risk. The Civil Procedure Rules which govern how litigation is conducted in England and Wales make it clear that court proceedings should be a last resort. Mediation is a form of alternative dispute resolution involving an independent third party (a mediator) whose role is to work with the parties at 1 venue usually during the course of a day, to achieve an acceptable settlement for everyone. This ends any existing court proceedings or avoids them completely. The savings achieved by a successful mediation in terms of costs and management time are enormous. We are experts in mediation. We know exactly what to do and when to do it. We will guide you seamlessly through the process from advising on the optimum time to mediate ... Read More »
- March 10th, 2015Rise In Court Fees – The Answer!
On 9 March 2015, the way in which Court fees in both specified and unspecified money claims are charged dramatically changed. Significantly, the fee to issue proceedings for the recovery of money on claims worth £10,000 or more is now 5% of the value of the claim, capped at a maximum fee of £10,000. So a claim for £20,000 now costs £1,000 to issue. This is a court fee increase of £390. A claim for £150,000 now costs a staggering £7,500. Previously the court fee was £1,315. Where the value of the claim is not identified or exceeds £300,000, the court fee payable is £10,000, a fee increase of £8,080! Whilst the money raised from these increases is reportedly going towards improving court services, the Ministry of Justice is already under pressure from The Law Society to rethink. In the meantime, savvy claimants coming to ... Read More »
- March 3rd, 2015Essential things you need to know about Design Rights and Registered Design
If you have created a new design of a product, you are going to want to protect it from others trying to steal your creative idea! We have summarised a few key things you should know to make sure your design is protected. What types of protection is there for my design? There are two types of protection for your design – design rights and registered design rights. Design rights are automatic whereas registered designs need to be applied for (both of these are subject to criteria being satisfied). What protection is given? Design rights provide the design with protection from copying for 10 years whereas registered designs are given 25 years of protection. What criteria needs to be met? For design rights, you need to satisfy the following criteria: The design must be a product (not a 2D design as these are copyrighted); and It must ... Read More »
- February 27th, 2015#BeatStephen: We’re halfway there!
I’m just over halfway through my training now and things have been going really well – I’ve been increasing my pace at a good rate and I’m even comfortably upping the distance I’m running regularly, too. Unfortunately though, I have learned the hard way just how much a simple cold can affect your training. I caught a bug last week and my progress had to be put on hold. When I started to feel under the weather, it really became quite a challenge to keep running whilst suffering with a sore throat and a blocked nose. I decided to give myself a few days off to recover, but it’s been a difficult one to shift and I’ve lost some vital running hours! Nonetheless, I’m now back on track and determined to carry on with increasing the distance. I completed a 12 mile ... Read More »
- February 16th, 2015Do house husbands get a raw deal on divorce?
Our head of family law, Theo Hoppen, asks: Do house husbands get a raw deal on divorce? Based on a recent family court decision, I would say “yes”. The court awarded Rupert Nightingale, a house husband and freelance photographer, a lump sum of £300,000 along with maintenance of £50,000 a year as part of his divorce settlement from his ex-wife. Mr Nightingale gave up his job 11 years ago to provide stability for the family and support his wife in her chosen career. He is also the main carer of their daughter who is at primary school. His ex-wife, Kirsten Turner, earns £420,000 a year as a partner at PWC accountants. The maintenance that the court ordered amounts to only 12% of her income and she can still afford to buy a £1.3 million property post-separation. The court ruled that Mr Nightingale in fact had ... Read More »
- February 13th, 2015What should SMEs expect from party manifestos?
It’s often said that small and medium sized enterprises are the engine room of the economy; for the UK to thrive, SMEs need to thrive. With the UK general election in sight it’s important for small and medium sized businesses, as well as entrepreneurs, to pay particular attention to upcoming party manifestos and what they will mean for SMEs. Although it’s difficult to know what they will say we can make some predictions to what they might include. At the start of 2014 there were an estimated 5.2 million businesses in the UK and small and medium sized companies accounted for 60% of this number. With more than half the business sector being taken up by SMEs the new party manifestos cannot fail to offer some significant pledges to help these all important enterprises. In this election year, the economic recovery is ... Read More »
- February 11th, 2015We’ve Been Nominated For Best Legal Firm Of The Year at the City of Manchester Business Awards 2015
We are extremely proud to announce that we have been shortlisted for Best Legal Firm of the Year in the upcoming City of Manchester Business Awards. Now in its fifth year, the annual awards ceremony celebrates the best of Manchester business. The event, which is hosted by Downtown in Business, will take place at Manchester Cathedral on Thursday 26th March. We are thrilled that our commitment to provide sound legal advice and an excellent service to our clients is being recognised. Just being nominated for such a prestigious award is fantastic and means a lot to everyone here at MLP Law. Having said this, we’d be lying if we said we wouldn’t like to win! We do have some tough competition to face though, as we’re up against the likes of Berg Solicitors, Freeths Solicitors, Gorvins Solicitors, JMW Solicitors and Shoosmiths. We value ... Read More »
- February 10th, 20154 Things Every Employer Should Know About LinkedIn
4 Things Every Employer Should Know About LinkedIn Use of the business social media tool LinkedIn is widespread, with an estimated 200 million users worldwide, with around 11 million in the UK alone. Many employers encourage the use of LinkedIn by their employees, having recognised the benefits it brings when trying to promote a business. However, what many employers are beginning to realise more and more is that LinkedIn is perhaps even more effective as a promoter of individuals. With this, come significant new risks for any employer, particular when their LinkedIn using employees leave. To help you understand the risks, we’ve put together a handy list of the key things you need to know about your employees using LinkedIn. Who owns the account? LinkedIn’s own membership terms state that the individual owns the account and that users must not let any third party use ... Read More »
- February 6th, 2015Changes to Rules on Company Names
On the 31 January 2015 new regulations came into force which simplify the rules relating to company names, it is intended that this will reduce the unnecessary regulatory burden on companies. Previously the Government had placed restrictions on certain words and characters that could be used, such as “group”, “holding”, “international” and “United Kingdom”. In addition the restrictions on accents, diacritical marks and ligatures have been reviewed. Now, should you wish for your company to use these words or characters in its name, approval is no longer needed. The new regulations also mean that fewer words are now disregarded for the purposes of deciding whether one name is the ‘same as’ another on the register including, but not limited to, “exports”, “group”, and “services”. This is designed to allow more choice for companies and to make name swaps within groups of ... Read More »
- January 30th, 2015What is a Power of Attorney?
There are different types of Powers of Attorney. Prior to 1 October 2007 Powers of Attorney were known as Enduring Powers of Attorney (EPA) and this document authorised an individual(s) to manage a person’s property and finances on their behalf. The EPA was replaced by Lasting Powers of attorney (LPA) on 1st October 2007. Whilst no new EPAs can be drawn up, EPAs signed before 1st October 2007 are still valid. If you are an attorney under an EPA then you may be using that EPA to manage a persons finances. One thing you should know about EPAs is that if you are acting under an EPA, and that person loses mental capacity, then it is your duty as an attorney to notify the Court of Protection. It is extremely important that you do this. LPAs are the new Powers of Attorney ... Read More »
- January 29th, 2015#BeatStephen: I’m Still Going!
It’s been a long and stressful week, and I must admit that keeping up with my training has been a bit of a struggle. I’ve been extremely busy at work and this has had an adverse effect on my motivation – the cold weather, feeling tired and working late isn’t conducive to early 6am starts. After such a demanding week, however, I feel more determined to get back into the full swing of the training programme. A good 10 mile run at the weekend with some friends helped me to get back on track. As I type this, I’m due another 5.45am start in the morning for a four and a half mile ‘comfortable’ paced run – although, I’m not so sure about the ‘comfortable’ part! I definitely feel like I’m improving slowly, so this certainly helps to keep me going. I ... Read More »
- January 16th, 2015Contract Negotiations – Top 8 Pitfalls to Avoid
Who is negotiating for the other party? Does the person representing the other party have the authority to negotiate and enter in to contracts on behalf of the other party? If not the other party may not be bound by them. Should negotiations be kept confidential? If negotiations should be kept confidential, ensure that a confidentiality agreement is signed before starting negotiations. A confidentiality agreement (also known as a non-disclosure agreement or NDA) should be signed before giving away any business sensitive information. The agreement should stipulate that information disclosed during negotiations: is confidential; should only be used for a stated purpose; should not be shown to anyone else; should be returned or destroyed if the deal does not go ahead. Is the company sharing business sensitive information? Take legal advice before handing over any business sensitive information. It can be unlawful to hand over certain types ... Read More »
- January 9th, 2015#BeatStephen: Training Is Well Underway
The festive period is now over and this is where my training begins to get serious. As each week of training becomes more crucial, I can feel my initial enthusiasm wavering slightly and I know that it’s all about to get very testing! On the morning of Monday, 5 January 2015, I completed 4.5 miles at slightly over nine minutes per mile. It was a particularly hard session after a long(ish) run on Sunday. This is what leads me to believe that the next two to three weeks will be where I really need to push myself to ensure I continue to improve. In order to track my progress, I’m using the MyAsics app and it has updated my pace and predicted time – it’s knocked off 30 minutes and is now predicting that I should complete the marathon in four hours ... Read More »
- January 8th, 2015Would you turn down a divorce settlement of $1 billion?
Well, this is exactly what the ex-wife of US oil baron Harold Hamm did when her ex-husband presented her with a handwritten cheque for $974,790,317.77 (£644 million). You can see below that the figure is so large it barely fits on the cheque. The Oklahoma court had ordered that Mr Hamm pay his ex-wife this amount as a divorce settlement. He had moved enough money into a single account so that offer was available to cash immediately. However, Ms Arnall declined the offer as accepting the payment could harm her appeal against the judge’s ruling. She contends that she should receive more as Mr Hamm’s $18 billion fortune was built up over 26 years by the couple’s joint efforts. MLP’s head of family law and personal dispute resolution, Theo Hoppen, said: “This case has obviously received a lot of coverage because of the enormous ... Read More »
- December 24th, 2014#BeatStephen: And So The Marathon Training Begins
As we near the finish line of 2014, the first stage of my journey to reach the finish line of the ASICS Greater Manchester Marathon 2015 is just beginning. I’ve now started my training regime for the run and, as people start to think about their new year’s resolutions, my goal will be to build up my stamina before the big event itself on Saturday, 19 April 2015. It’s going to require a lot of hard work and perseverance over the next few months but I must admit I’m genuinely looking forward to the challenge of testing myself to the limit. This year’s marathon will feature the MLP Law Corporate Challenge, which enables businesses to get involved as a corporate team. Employees can take part individually or in teams of two or four to represent their company. This is a ... Read More »
- December 22nd, 2014Top 10 Tips to minimising the risk of litigation to your business….
Business disputes that escalate into litigation and Court appearances are often risky, expensive, stressful and time consuming. Crucially, they distract you and your team from valuable time focusing on making your business a success. As such, litigation should be a last resort. However, by adopting new practices and procedures you can reduce the risk of your business being sued or having to sue. They can also put your business in a stronger position should litigation prove unavoidable. In this blog we set out our top 10 tips to minimise litigation risk to your business. Put everything in writing All valuable arrangements and relationships that your business has with customers, employees and suppliers should be recorded in writing. These agreements should clearly reflect in plain English the terms upon which you conduct business. They must be brought to the attention of the other party and ... Read More »
- December 15th, 2014Getting Your Dental Associate Contracts Right
There are a number of key areas that need to be considered when preparing a contract between a principal and an associate dentist. Stephen Attree, the managing director of MLP Law, shares his expertise on the issues involved in his latest e-book, Getting Your Dental Associate Contracts Right. Most dentists operate as associates by renting out an already established and fully equipped surgery. They will then pay a percentage of their fee income to the owner of the surgery – the principal. This arrangement is usually formalised through an associate agreement, and a well drafted agreement will protect the interests of both the associate and the principal. To download the e-book for free, please enter your email address into the form below. Google+