Share on LinkedInShare on LinkedIn

ARTICLE · 28 OCTOBER 2015

Security For Costs – An Update

Deemster Corlett cited and relied upon Akhavan v Quinn Legal Advocates Limited 20134 as the leading case in the Isle of Man on security for costs.

Isle of ManLitigation, Mediation & Arbitration

Introduction

In the recent decision of Prest ("Mr Prest") v Pretrodel Resources Limited (in Liquidation) ("Petrodel")1 His Honour Deemster Corlett reviewed the Manx law on Security for Costs, where an application was brought before the court under Rule 7.28 of the Rules of Court of Justice of the Isle of Man. 

The Court Rule and the Court's Discretion

The court has a wide discretion to grant a defendant security for costs under Rule 7.28(1)2. It may grant an order for Security for Costs if:

(a) it is satisfied, having regard to all the circumstances of the case that it is just to make such an order and

(b) either;

i. one or more of the conditions in paragraph (2) of Rule 7.28 applies, or

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from