Post-Judgment Security For Costs – Has The Court Jurisdiction To Grant It?

Security for costs is a key strategic consideration for defendants. It is usually vital in ensuring that a successful defendant is able to recover its costs and discouraging more speculative claims. If a claimant is unwilling or unable to put up such security, the court can refuse to hear their claim.

There has been some controversy about whether the court has jurisdiction to grant security post-judgment. Even if it does, on a practical level, what sanction does the court have to enforce compliance post-judgment?

These issues came before Flaux J recently in the case of Republic of Djibouti and others v Abdourahman Boreh and Others 2016 EWHC 1035 (Comm).

The Republic's Claim Against Mr Boreh