1. Key takeaways
Modification instead of additional request
Requests for increased security for costs are treated as
modifications of existing orders, requiring analysis under Rule 158
RoP.
Power to amend orders on security for costs
The UPC can amend orders on security for costs pursuant to Rule
158 RoP if the facts underlying the initial order have changed. The
UPC underscored its inherent power to revisit and amend prior
orders on security for costs. This power is rooted in Rule 158 RoP
and ensures that orders on security for costs remain appropriate
throughout the proceedings.
High bar for modification
The applicant must demonstrate substantial changes in the
case's factual or legal landscape to justify modifying an order
on security for costs. The UPC's decision emphasizes that
modifications to orders on security for costs are not granted
lightly. The increase of costs related to the progression of the
written procedure has typically already been
