Corcoran & anor -v- Alexandru & anor [2018] IEHC 48 (26 January 2018)

The court refused to grant security for costs because the appellants are resident within the European Union, and Irish cost orders are readily enforceable in the UK under current law; thus, the first prong of the Salthill test is not satisfied and the application fails.

Citation: [2018] IEHC 48
Parties: Appellant/defendant: John Gerard Corcoran; Appellant/defendant: Martin Corcoran; First Named Respondent: Neagu Alexandru; Second Named Respondent/plaintiff: Aviva Insurance Limited
Jurisdiction: Ireland
Judgment Date: 26 January 2018
Procedural Posture: Civil Appeal / Application for Security for Costs on Appeal From Circuit Court to High Court
Outcome: application for security for costs refused
Legal Topics: Security for Costs, Jurisdiction, Enforcement of Costs Orders, Access to Courts

Civil Procedure Security for Costs Jurisdiction Enforcement of Costs Orders Access to Courts

Case Brief

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Parties

John Gerard Corcoran

Appellant/defendant

Martin Corcoran

Appellant/defendant

Neagu Alexandru

First Named Respondent

Aviva Insurance Limited

Second Named Respondent/plaintiff

Procedural Posture

Civil Appeal / Application for Security for Costs on Appeal From Circuit Court to High Court

Legal Issues

1 Whether security for costs can be ordered against appellants resident in the United Kingdom (EU) under Order 29 of the Rules of the Superior Courts in an appeal from the Circuit Court to the High Court

Ratio Decidendi

Court Disposition

application for security for costs refused