SECURITY FOR COSTS, PAYMENTS INTO COURT, AND INTERIM PAYMENTS

Security for costs is a fund paid into court1 out of which an unsuccessful plaintiff will be able to satisfy any eventual award of costs made against him. A defendant2 may, at any stage of the proceedings,3 make an application4 by summons, supported by an affidavit,5 to a High Court judge6 for the plaintiff7 to be ordered to give security for costs in any of the following situations: (a) where the plaintiff is ordinarily resident out of the jurisdiction8 and has no substantial property within the jurisdiction;9 or (b) where the plaintiff (not being one who is suing in a representative capacity) is a nominal plaintiff who is suing for the benefit of some other person and there is reason to believe that he will be unable to pay the costs of the defendant if ordered to do so; or 1 Ord 23, r 1 (Bah, B’dos, Cay, T&T); Ord 27, r 30 (Guy). The court may order that the plaintiff deposit a specified sum of money with the registrar of the Supreme Court, or deposit a bond in that sum with the registrar within 21 days of the award of security for costs. See Maragh v Comptroller of Customs, fn 5 below.