Chemistree Homecare Limited v Teva Pharmaceuticals Ltd

On an application for security for costs against a company under CPR 25.13(2)(c), 'inability to pay' means inability to pay the costs when they fall due, requiring an assessment of the cash or readily realisable assets the claimant may be expected to have available at that date, with the qualifying words 'reason to believe' watering down the threshold below proof on the balance of probabilities.