ICPillar v ARM (CoA, 16 September 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 16 September 2024 (UPC_CoA_301/2024, APL_33746/2024), the Court of Appeal (R. Kalden, presiding and judge-rapporteur, I. Simonsson, P. Rombach) dismissed ICPillar’s appeal against the Paris Local Division’s order of 21 May 2024 requiring it to provide EUR 400,000 as security for the costs of ARM and nine other defendants. The interest of the order lies in the fate of a legal expenses insurance policy first produced on appeal.

Question

Should the Court of Appeal take into account a late-filed costs insurance policy in order to set aside security for costs?

Decision

The Court has a discretion under Rule 222.2 RoP, which it exercises of its own motion, even absent an objection from the other party (paragraph 23). It weighs three factors: whether the document could reasonably have been filed at first instance, its relevance, and the position of the other party (paragraph 24). The policy existed on 14 December 2023 and could have been filed with the written observations of 14 May 2024, merely mentioning the insurance was not enough, as Rule 172.1 RoP requires available evidence on contested facts to be produced (paragraphs 25 to 29). Since ICPillar did not dispute its lack of resources, it had to show that security was unnecessary (paragraphs 32 to 34). Despite its relevance, the policy, disclosed late and heavily redacted, is disregarded (paragraphs 35 to 38). Security of EUR 400,000 is upheld, and a guarantee from a US-licensed bank is refused on substantive grounds, not on grounds of nationality (paragraphs 39 and 40).

Key points for practice

• Practical point: a claimant relying on costs insurance to resist security must file the policy itself at first instance, a broker’s declaration or a bare reference will not do.

Provisions applied

Rules of Procedure

Rules 158, 171, 172, 222.2 and 262A

Case law cited

High Court of Justice of England and Wales, 20 April 2023, [2023] EWHC 850 (Ch)

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.