District Court Rules

ORDER 45A

SECURITY FOR COSTS

1 Application for security

1. (1) A party who requires security for costs from another party may apply in writing to that other party for security for costs.

(2) Where the party from whom security has been sought does not undertake in writing to provide security, the applicant for security may apply to the Court for an order that security for costs be provided.

(3) On hearing the application, the Court may order the claimant to lodge in Court the costs of an order dismissing the claim, or may make such other order as it thinks appropriate.

(4) If an order is made requiring a party to give security for costs, security must be given in the manner and at the time the Court directs.

2 If the claimant is outside the State or is a foreign national

2. (1) A respondent is not entitled to an order compelling a claimant to give security for costs solely on the ground that the claimant resides outside the State unless the respondent shows to the satisfaction of the Court that he or she has a defence on the merits.

(2) No order for security for costs may be made against a natural person who is a national of and resident in another Member State of the European Union or against a party who applies, under the provisions of the Jurisdiction Regulation or the 1968 Convention (each as defined in Order 41B), for enforcement of a judgment given in another Member State or Contracting State, solely on the ground that the claimant is a foreign national or that the claimant is not domiciled or resident in the State.

3 Failure to give security

3. If a claimant fails to give the security required by an order, the Court may dismiss the claimant’s claim notice.

4 Variation or setting aside

4. The Court may set aside or vary any order requiring a claimant to give security for costs.

[SI 17/14]

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