Short answer
Prepare the statements of case, application notice, evidence, company or claimant financial material, costs budget, enforcement concerns, directions and hearing date before asking about security for costs.
Quick checklist
Start with these
Best order
How to organise the first pack
- Identify whether you apply for or resist security.
- Put the application notice and draft order before background papers.
- Group evidence by the CPR condition relied on.
- Add costs estimates and directions in date order.
- State whether solicitor support is already involved.
Define The Application And The Claim
Start with the statements of case and the reason security is being considered. A security for costs issue may arise in commercial litigation, professional negligence, property, shareholder, insolvency-adjacent or appeal proceedings.
The enquiry should make clear whether you are applying for security, resisting it, varying it or dealing with non-compliance.
- Claim form, particulars, defence, counterclaim and reply.
- Application notice, draft order, witness statement and exhibits.
- Directions order, hearing date, trial window and any costs-management order.
- Costs budget, costs schedule or estimate relied on.
- Any previous security, strike-out, unless-order or settlement correspondence.
Evidence About Risk And Ability To Pay
CPR Part 25 sets out conditions for security for costs. The evidence should be organised around the condition relied on, such as residence, company solvency, address history, nominal claimant status or asset steps that may affect enforcement.
If resisting the application, include evidence answering the condition and any hardship, stifling, merits or proportionality argument relied on.
- Company accounts, Companies House records, insolvency papers or funding information.
- Address, jurisdiction, asset or enforcement evidence relied on.
- Evidence about third-party funding, assignment or nominal claimant issues if relevant.
- Financial evidence said to answer inability-to-pay allegations.
- Documents explaining whether security would affect the continuation of the claim.
Scope A Proportionate Task
A barrister may advise on the rule basis, evidence gaps, draft evidence, submissions, settlement position or hearing advocacy. Some matters need a solicitor for issuing, service, disclosure, correspondence or compliance with an order.
This page is general preparation information only. It does not decide whether security should be ordered, refused or set at any particular amount.
Avoid delays
What not to send first
- Sending accounts without the statements of case.
- Omitting the CPR ground or condition relied on.
- Treating security as automatic because the claimant is a company.
- Leaving out the hearing date or compliance timetable.
Source note: source-checked against Civil Procedure Rules Part 25 on 19 September 2026. Security for costs grounds, evidence, proportionality, timing, company solvency, third-party funder issues and appeal security need specialist civil or commercial review before publication.
Claim and official-source ledger
- Civil Procedure Rules Part 25 contains rules on interim remedies and security for costs, including applications, conditions and security for costs of an appeal.
- Part 25 - Interim Remedies and Security for Costs — Justice.gov.uk; checked .
Editorial status: Review required. Sources support the identified claims only. General information; not legal advice.
Security For Costs Application Barrister Evidence Guide FAQs
Who usually applies for security for costs?
CPR Part 25 states that a defendant to a claim may apply for security for costs. Counterclaims, additional claims and appeal security may need separate analysis.
What evidence matters for security for costs?
Useful evidence can include the claim papers, claimant status, financial evidence, funding evidence, costs estimates, enforcement concerns and any asset or address history relied on.
Can a barrister draft the application?
A barrister may advise on merits, evidence, draft submissions or appear at a suitable hearing, but filing, service and ongoing litigation conduct may require solicitor support.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
