Legal costs play an important role in any case. Though it is finalised by the judge, both the parties need to come to a settlement for it. Any insecurity that arises for either of the parties to the case, they are free to file a lawsuit for the same.
Security for costs: It is a common law concept where applications relating only to cost jurisdiction and the order for it are sought from the court in litigation. A very common notion in such jurisdictions is “costs follow the events”, which implies that the losing party must pay all the legal costs of the winning party. In any case, if the defendant has apprehension that the claimant will not pay his legal costs of the claimant loses, the defendant has full rights to apply for the security of cost in the court.
In such issues the court passes an order that the claimant has to sign and ensure that if they lose the case they will pay the defendant’s legal costs. Furthermore, the payable amount that is ordered by the judge is in direct association with the strength and weaknesses of the claimant’s case. Higher, the security of order will be if weaker is the probability of the claimant prevailing.
Classically, the claimant will be kept out from the jurisdiction of the court of law. The law of security of legal costs can be difficult to enforce in cases of non – common law jurisdictions and the same way the order to security of costs will also be provided. This law is also enforceable where the claimant is found to be galling at law and order or if they are insolvent and prone to creating such an image through wrong methods.