OpenLegislation

Rule 1 Plaintiff not resident in Northern Ireland

Northern Ireland

(1)

Where it appears that the plaintiff does not reside in Northern Ireland, the chief clerk may, on application of a defendant, order security for costs to be given to the satisfaction of the chief clerk and before making such an order the chief clerk shall consider all the circumstances of the case including any right of the defendant to proceed under the [f1 Foreign Judgments (Reciprocal Enforcement) Act 1933f2 or the Civil Jurisdiction and Judgments Act 1982f3] to recover any costs awarded to him.

(2)

A person ordinarily resident out of Northern Ireland may be ordered to give security though he may be temporarily resident in Northern Ireland.

(3)

Any party to the action or other proceeding may, on giving at least two days’ notice to the other party, appeal to [f4 the judge or district judge as the case may be] against any decision or order of the chief clerk under this Rule.

(4)

Where an order is made under paragraph (1) the action or other proceeding shall not, without leave of [ the judge or district judge as the case may be], proceed to hearing until the order has been complied with.

Annotations

Footnotes

f1

Words substituted by S.R. 1986 No. 347 with effect from 1.1.87

f2

1933 c. 13

f3

1982 c. 27 amended by 1991 c. 12

f4

Words amended by S.R. 2013 No. 19 with effect from 25.02.13