When applying for security for costs against a foreign resident plaintiff, it is first for the defendants to show that the plaintiff is resident abroad within Ord. 23, r. 1; secondly, for the plaintiff to show that he has an asset here which will remain here; and, thirdly, for the defendant to show, if he can, that the asset is worthless or not worth sufficient to cover the costs.
Judges:
Greer LJ
Citations:
[1937] 4 All ER 468
Jurisdiction:
England and Wales
Cited by:
Cited – De Bry v Fitzgerald CA 1990
A request was made for security for costs in a large sum against a foreign resident party: ‘The more usual course might have been to order security, if security was to be ordered at all, in a relatively small sum in the first place, leaving the . .
Lists of cited by and citing cases may be incomplete.
Costs, Litigation Practice
Updated: 04 May 2022; Ref: scu.578227
