# County Court Rules (Northern Ireland) 1981, Rule 5: When defendant entitled to ask for security for costs

Extent: N.I.

(1) Where a defendant neither resides nor carries on business within the administrative court division in which an action or matter is commenced, he may apply in Form 63 to the [ district judge], in accordance with Rule 1, for an order directing the plaintiff to deposit in court a sum of money as security for his costs.
(2) The application shall be sent to the chief clerk by post or otherwise [ . . .] within eight days of the service to the civil bill on him;
together with an affidavit showing a defence on the merits and stating the grounds of defence.
(3) If the [ district judge] refuses the application, the chief clerk shall send notice to the defendant in Form 64.
(4) If the [ district judge] grants the application, he shall fix the amount of the security and the chief clerk shall send to the plaintiff a notice in Form 65.
(5) Where a deposit is ordered—
(a) if the deposit is duly made, the chief clerk shall send notice to the defendant in Form 66;
(b) if the deposit is not duly made, the chief clerk shall send notice to the parties in Form 67, and the action or matter shall be struck out, and the defendant shall be entitled to recover the costs incurred by him before the receipt of Form 67, and if such costs are not paid within fourteen days after demand made therefor, [ the judge or district judge as the case may be] may on the application of the defendant give a decree for the amount of such costs together with the costs of the application to him:
Provided that if the deposit is not made in due time, but is made later [ the judge or district judge as the case may be] may order the action or matter to be reinstated, and the chief clerk shall send notice thereof to the defendant and inform him on what day the action or matter will be heard.

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Source: https://www.legislation.gov.uk/nisr/1981/225/part/14/chapter/1/rule/5 (the official version)
Page: https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-14/chapter-1/rule-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.