Security for costs and the foreign resident claimant

CHING, J., 2009. Security for costs and the foreign resident claimant. Civil Justice Quarterly, 28 (1), pp. 89-110. ISSN 0261-9261

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Abstract

Discusses the courts' discretion under CPR r.25.13(2)(a) to order security for costs against a claimant resident outside the Brussels regime. Analyses the wording of the rule, noting the difference between "resident" and "ordinarily resident" and the difficulties arising in cases of multiple residence. Considers whether the focus on residence could indirectly amount to discrimination. Suggests that the courts have countered this possibility by developing an additional requirement for an applicant to demonstrate potential difficulty in enforcement. Calls for the rule to be amended to reflect this development.

Item Type: Journal article
Publication Title: Civil Justice Quarterly
Creators: Ching, J.
Publisher: Sweet & Maxwell/Thomson Reuters
Place of Publication: London
Date: 2009
Volume: 28
Number: 1
ISSN: 0261-9261
Rights: Permission is for Nottingham Trent University’s Institutional Repository only. Any further use (including storage, transmission or reproduction by electronic means) shall be the subject of a separate application for permission.
Divisions: Schools > Nottingham Law School
Depositing User: EPrints Services
Date Added: 09 Oct 2015 10:19
Last Modified: 09 Jun 2017 13:25
URI: http://irep.ntu.ac.uk/id/eprint/11049

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