Rule 74.5 Security for costsF1

(1)

Subject to paragraphs (2) and (3), F2Section VI of Part 25 applies to an application for security for the costs of—

(a)

the application for registration; F3and

(b)

any proceedings brought to set aside the registrationF4,

F5(c)

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

F6(d)

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

as if the judgment creditor were a claimant.

(2)

A judgment creditor making an application under the 1982 Act F7... may not be required to give security solely on the ground that he is resident out of the jurisdiction.

(3)

Paragraph (1) does not apply to an application under the 1933 Act where the relevant Order in Council otherwise provides.

Annotations

Textual amendments

F1: Pt. 74 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 8
F2: Words in rule 74.5 substituted (6.4.2025) by The Civil Procedure (Amendment) Rules 2025 (S.I. 2025/106), rules 1(1), 16
F3: Word in rule 74.5(1)(a) inserted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(5)(a) (with rule 2)
F4: Rule 74.5(1)(b): comma substituted for word (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(5)(b) (with rule 2)
F5: Rule 74.5(1)(c) omitted (coming into force in accordance with rule 1(1) of the amending S.I.) by virtue of The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(5)(c) (with rule 2)
F6: Rule 74.5(1)(d) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(9)(a)(iii) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in rule 74.5(2) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(9)(b) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Part 74

Textual amendments

F2: Words in Pt. 74 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(2)(a) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Pt. 74 Table of Contents substituted (coming into force in accordance with rule 1(1) of the amending S.I.) by The Civil Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/595), rule 4(1) (with rule 2)
F4: Words in Pt. 74 Table of Contents substituted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(3), 34(a) (with rule 41)
F5: Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iii); S.I. 2014/954, art. 2(a)
F6: Words in Pt. 74 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(2)(b) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in Pt. 74 Table of Contents inserted (11.1.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rules 2(b), 13(a)
F8: Words in Pt. 74 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(2)(c) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)
F9: Words in Pt. 74 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 15(2)(d) (with regs. 26, 27) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(i)(j)(4)(5); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1: Pts. 70-74 applied (with modifications) (30.12.2005) by The Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795), rule 5(5)