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United Kingdom security for costscounterclaim

Dumrul v Standard Chartered Bank

[2010] EWHC 2625 (Comm)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Queen's Bench Division, Commercial Court (Hamblen J)
Year2010
StatusPersuasive authority

Key Principle

Security for costs will not ordinarily be ordered against a claimant where the claim and a defendant's counterclaim raise substantially the same issues, so that the costs of defending the claim would be incurred anyway in prosecuting the counterclaim (the Crabtree principle), and a defendant who declines to give an unqualified undertaking not to pursue its counterclaim if the claim is stayed will generally fail to obtain security.

Area of Law

General

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