PART 25C2F1INTERIM REMEDIES AND SECURITY FOR COSTS

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)
C2

Pt. 25 restricted (17.7.2013) by Finance Act 2013 (c. 29), s. 234

F2II SECURITY FOR COSTS

Annotations:
Amendments (Textual)

C1Conditions to be satisfied25.13

1

The court may make an order for security for costs under rule 25.12 if—

a

it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and

b

i

one or more of the conditions in paragraph (2) applies, or

ii

an enactment permits the court to require security for costs.

2

The conditions are—

F3a

the claimant is—

i

resident out of the jurisdiction; but

ii

not resident in F6... F5 a State bound by the 2005 Hague ConventionF7..., as defined in section 1(3) of the Civil Jurisdiction and Judgments Act 1982;

F4b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

the claimant is a company or other body (whether incorporated inside or outside Great Britain) and there is reason to believe that it will be unable to pay the defendant’s costs if ordered to do so;

d

the claimant has changed his address since the claim was commenced with a view to evading the consequences of the litigation;

e

the claimant failed to give his address in the claim form, or gave an incorrect address in that form;

f

the claimant is acting as a nominal claimant, other than as a representative claimant under Part 19, and there is reason to believe that he will be unable to pay the defendant’s costs if ordered to do so;

g

the claimant has taken steps in relation to his assets that would make it difficult to enforce an order for costs against him.

(Rule 3.4 allows the court to strike out a statement of case and Part 24 for it to give summary judgment)