Security for costs checker (CPR 25.26 to 25.29)
check_security_for_costsChecks which conditions for security for costs in the civil courts of England and Wales (CPR Part 25 Section VI, as rewritten from 6 April 2025) appear to be met on your answers, with the rule's words: a claimant resident out of the jurisdiction (with the enforcement position by country, including the 2019 Hague Judgments Convention), a company with reason to believe it will be unable to pay (and after-the-event insurance), a change of address to evade, no or an incorrect address, a nominal claimant, steps taken with assets, funders and assignors (r.25.28), appeals (r.25.29), counterclaims, Solicitors Act and detailed assessments, arbitration challenges (s.70(6)) and foreign judgment registrations (CPR 74.5); then the discretion factors and the procedure. It never decides the application and never suggests an amount of security: that is for the court.
Tool call template
Replace each placeholder with a value matching the input schema. Only required parameters are included; add optional parameters as needed.
{
"id": 1,
"jsonrpc": "2.0",
"method": "tools/call",
"params": {
"arguments": {
"proceeding": "<proceeding>"
},
"name": "check_security_for_costs"
}
}Input Schema
| Name | Required | Description | Default |
|---|---|---|---|
| aos | No | Whether the party applying has filed an acknowledgment of service or a defence (against a counterclaim, a defence to it). | |
| ate | No | After-the-event insurance: "none", "unprotected" (a policy the insurer could avoid), "protected" (anti-avoidance terms or a deed of indemnity). | |
| kind | No | The party security is sought from: "individual" (an individual), "company" (a company or other body). | |
| delay | No | The application is late. | |
| evade | No | Where moved: whether there is evidence the move was to evade the consequences of the litigation. | |
| moved | No | Whether the address has changed since the claim was commenced. | |
| where | No | Where they live, or for a company where it is managed and controlled: "england-wales" (England and Wales), "scotland", "northern-ireland", "eu" (An EU member state other than Denmark), "denmark", "switzerland", "ukraine", "uruguay", "albania", "montenegro", "andorra", "elsewhere" (Anywhere else (for example the USA, the BVI, China, Kenya, the UAE)). | |
| assets | No | Whether they have taken steps with their assets that would make a costs order hard to enforce. | |
| issued | No | The date the claim was issued, for the 2019 Hague Judgments Convention (Art 16). | |
| unable | No | A company: whether there is reason to believe it will be unable to pay the costs if ordered to. | |
| address | No | The address in the claim form: "correct" (given, and correct), "none" (not given), "incorrect". | |
| limited | No | That company is a limited company (for r.25.29(2) on an appeal). | |
| capacity | No | Whose benefit the claim is for: "own" (their own), "nominee" (someone else's: a nominee with no real interest), "representative" (an estate or trust), "part19" (a group: a Part 19 representative claimant). | |
| stifling | No | The claimant says an order would stifle the claim. | |
| vitality | No | Against a counterclaim: whether it has a life of its own, beyond defending the claim. | |
| applicant | No | "claim" or "solicitors-act": who is applying for security: "defendant" (the defendant), "counterclaim" (the claimant, as defendant to a counterclaim), "claimant" (the claimant, against a defendant who only defends). | |
| arbTarget | No | "arbitration": whether security is sought from the party challenging or appealing the award. | |
| assetsHere | No | The claimant has assets or a fund in England and Wales. | |
| permission | No | "appeal": permission to appeal: "granted", "adjourned" (adjourned to a hearing, appeal to follow). | |
| proceeding | Yes | What the security is for: "claim" (a claim, or a counterclaim, at first instance), "appeal" (an appeal), "assessment" (a detailed assessment between the parties), "solicitors-act" (a Solicitors Act assessment of a solicitor's bill), "arbitration" (a challenge or appeal under the Arbitration Act 1996, ss.67 to 69), "foreign-judgment" (registering a foreign judgment, or setting the registration aside). | |
| thirdParty | No | Anyone else behind the claim: "none" (no one), "funder" (a funder paying for a share of any recovery), "assignor" (someone who assigned the claim to the claimant), "backer" (someone paying towards the costs without a share). | |
| appealTarget | No | "appeal": who security is sought from: "appellant" (the appellant), "cross-appellant" (a respondent who also appeals), "respondent" (a respondent who does not appeal). | |
| counterclaim | No | The defendant has a counterclaim on the same issues. | |
| judgment1982 | No | "foreign-judgment": whether the registration is under the Civil Jurisdiction and Judgments Act 1982. | |
| assignPurpose | No | Where "assignor": whether the claim was assigned to avoid a costs order against them. | |
| nomineeUnable | No | Where "nominee": whether there is reason to believe the nominee will be unable to pay. | |
| defendantCaused | No | The claimant says the defendant caused its lack of means. | |
| costsOrderAgainst | No | Where someone else is behind the claim: whether a costs order could be made against them. |