CIVIL PROCEDURE RULES - SCHEDULE 1

CIVIL PROCEDURE RULES

SCHEDULE 1 - RSC RULES

RSC ORDER 23

SECURITY FOR COSTS

ORDER TO APPLY TO HIGH COURT AND COUNTY COURT

Rule A1 This order applies to proceedings both in the High Court and the county court.

SECURITY FOR COSTS OF PROCEEDINGS, ETC.

Rule 1 (1) Where, on the application of a defendant, it appears to the court -

that the claimant is ordinarily resident out of the jurisdiction; or

that the claimant (not being a claimant who is suing in a representative capacity) is a nominal claimant who is suing for the benefit of some other person and that there is reason to believe that he will be unable to pay the costs of the defendant if ordered to do so; or

subject to paragraph (2) that the claimant's address is not stated in the claim form or other originating process or is incorrectly stated therein; or

that the claimant has changed his address during the course of the proceedings with a view to evading the consequences of the litigation,
then if, having regard to all the circumstances of the case, the court thinks it just to do so, it may order the claimant to give such security for the defendant's costs of the proceedings as it thinks just.

(2) The court shall not require a claimant to give security by reason only of paragraph (1)(c) if he satisfies the court that the failure to state his address or the mis-statement thereof was made innocently and without intention to deceive.

(3) The references in the foregoing paragraphs to a claimant and a defendant shall be construed as references to the person (howsoever described on the record) who is in the position of claimant or defendant, as the case may be, in the proceeding in question, including a proceeding on a counterclaim.

MANNER OF GIVING SECURITY

Rule 2 Where an order is made requiring any party to give security for costs, the security shall be given in such manner, at such time, and on such terms (if any) as the court may direct.

SAVING FOR ENACTMENTS

Rule 3 This order is without prejudice to the provisions of any enactment which empowers the court to require security to be given for the costs of any proceedings.

Return to the RSC Rules Index

Rule 1	(1)	Where, on the application of a defendant, it appears to the court - that the claimant is ordinarily resident out of the jurisdiction; or that the claimant (not being a claimant who is suing in a representative capacity) is a nominal claimant who is suing for the benefit of some other person and that there is reason to believe that he will be unable to pay the costs of the defendant if ordered to do so; or subject to paragraph (2) that the claimant's address is not stated in the claim form or other originating process or is incorrectly stated therein; or that the claimant has changed his address during the course of the proceedings with a view to evading the consequences of the litigation, then if, having regard to all the circumstances of the case, the court thinks it just to do so, it may order the claimant to give such security for the defendant's costs of the proceedings as it thinks just.
	(2)	The court shall not require a claimant to give security by reason only of paragraph (1)(c) if he satisfies the court that the failure to state his address or the mis-statement thereof was made innocently and without intention to deceive.
	(3)	The references in the foregoing paragraphs to a claimant and a defendant shall be construed as references to the person (howsoever described on the record) who is in the position of claimant or defendant, as the case may be, in the proceeding in question, including a proceeding on a counterclaim.