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United Kingdom
security for costscounterclaim
Dumrul v Standard Chartered Bank
[2010] EWHC 2625 (Comm)
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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