Superior Court Rules

ORDER 29

SECURITY FOR COSTS

1. When a party shall require security for costs from another party, he shall be at liberty to apply by notice to the party for such security; and in case the latter shall not, within 48 hours after service thereof, undertake by notice to comply therewith, the party requiring the security shall be at liberty to apply to the court for an order that the said party do furnish such security.

2. A defendant shall not be entitled to an order for security for costs solely on the ground that the plaintiff resides in Northern Ireland.

3. No defendant shall be entitled to an order for security for costs by reason of any plaintiff being resident out of the jurisdiction of the court, unless upon a satisfactory affidavit that such defendant has a defence upon the merits.

4. A plaintiff ordinarily resident out of the jurisdiction may be ordered to give security for costs though he may be temporarily resident within the jurisdiction.

5. If a person brings an action for the recovery of land after a prior action for the recovery of the same has been brought by such person or by any person through or under whom he claims, against the same defendant, or against any person through or under whom he defends, the court may at any time order that the plaintiff shall give to the defendant security for the defendant’s costs, whether the prior action has been disposed of by discontinuance or by non-suit or by judgment for the defendant.

6. Where the court shall have made an order that a party do furnish security for costs, the amount of such security and the time or times at which, and the manner and form in which, and the person or persons to whom, the same shall be given shall, subject to rule 7, be determined by the Master in every case.

7. Where a bond is to be given as security for costs, it shall, unless the Master shall otherwise direct, be given to the party or person requiring the security, and not to an officer of the court: provided that in any matrimonial cause or matter where security for costs is to be given by bond the bond shall be given to the Master.

8. No defendant shall be entitled to an order for security for costs in proceedings for the enforcement of a judgment under Chapter III of Regulation No 1215/2012, Chapter III of Regulation No 2201/2003, Title III of the Lugano Convention, or Title III of the 1968 Convention solely on the ground that the plaintiff is a foreign national or that he or she is not domiciled or resident in the State in which enforcement is sought.

[SI 9/16]

9. For the purposes of rule 8, ‘domicile’ is to be determined, as the case may be, in accordance with the provisions of:

Article 2 of Regulation 2201/2003,

Articles 62 and 63 of Regulation No 1215/2012,

Articles 59 and 60 of the Lugano Convention, or

section 15 and the Ninth Schedule of the 1998 Act.

[SI 9/16]

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