› Appeals — readiness to order security where judgment already obtained
Procedure
› Security for costs
› Personal injury claims — reduced reluctance at appellate level
Quick Take
1The fact that a respondent's costs of an appeal are covered by insurance is a relevant consideration that reduces the weight to be attached to the risk of non-recovery, but does not preclude an order for security for costs; the risk of inability to recover costs remains relevant even when borne by an insurer rather than the party personally.
2The courts' recognised reluctance to order security for costs in personal injury claims carries less weight at the appellate level than at first instance, particularly where the appellant does not contend that the appeal will be stultified and has not established strong prospects of success.
3Under r 23.10(4) of the Uniform Civil Rules 2020 (SA), a litigation guardian has no default personal liability for costs unless the court otherwise orders, and the uncertainty of a litigation guardian's liability for costs may itself constitute a risk of non-recovery supporting an order for security.
