OpenLegislation

Article 12 Security for costs

(1)

In a land registration case, a respondent may apply for security for the respondent's costs of the proceedings in the Tribunal.

(2)

Paragraph (1) does not apply where the Tribunal has directed a party under section 110(1) of the 2002 LR Act to commence court proceedings for the court's decision on the whole or part of a matter.

(3)

An application for security for costs must be supported by written evidence and copies of the application and supporting evidence must be provided by the respondent to the applicant in the proceedings.

(4)

The Tribunal may make an order for security for costs if it is satisfied that—

(a)

one or more of the conditions subject to which security for costs might be ordered in proceedings in a court to which the Civil Procedure Rules 1998 M1 apply exists;

(b)

it is just to make such an order; and

(c)

the applicant in the proceedings has the ability to comply with the order.

(5)

Where the Tribunal decides to order security for costs, it must—

(a)

determine the amount of security; and

(b)

direct the manner in which, and the time within which, the security must be given.

Annotations

Marginal citations

M1

S.I. 1998/3132