In Dunn Motor Traction Limited v National Express Limited [2017] EWHC 228 (Comm), Mr Justice Teare has outlined that the Claimant’s irrevocable undertaking to pay adverse costs is not enough to defeat a security for costs application.
The claimant’s sole shareholder, Mr Dunn, argued that the irrevocable undertaking was akin to cases that have held that the existence of an ATE insurance policy satisfies security.
Overall this is an important decision on security for costs, and shows the weight that the Courts give to a matter being backed by an ATE provider.
