Effect Of Brexit On Security For Costs Applications In Irish Courts

A recent High Court decision, delivered by Ms Justice Bolger, in Henderson v Dublin Airport Authority T/A DAA Public Ltd Company & Anor (Approved) [2024] IEHC 29, has strongly suggested that Brexit may have a material effect on the position of a UK Plaintiff before the Irish Courts where a Defendant seeks an order for security for costs against them.

What is Security for Costs?

Security for costs arises where a Defendant in a case has a concern that the Plaintiff who is suing it, should that Plaintiff be unsuccessful in its proceedings, will not be in a position to make good on any award of costs ultimately made against it. Accordingly, by making such application, the Defendant seeks that the Plaintiff should have to put up security for any potential future costs Order that might be made against it, before that Plaintiff is permitted to continue with its claim.