Edwards v Tretol [1985] JLR 64 (24 July 1984)

Edwards v Tretol [1985] JLR 64 (24 July 1984)

Security for costs should not be ordered against a plaintiff residing within the jurisdiction unless exceptional circumstances are demonstrated; payment into court by the defendant suggests substance in the plaintiff's claim and militates against requiring security.

Citation
[1985] JLR 64
Parties
Plaintiff: Edwards; Defendant: Tretol
Jurisdiction
Jersey
Judgment Date
24 July 1984
Procedural Posture
Civil / Interlocutory Application
Outcome
application for security for costs dismissed
Legal Topics
Costs, Security for Costs
Civil Procedure Costs Security for Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Edwards

Plaintiff

Tretol

Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether a plaintiff residing within the jurisdiction is required to give security for costs under Royal Court Rules, 1982, r.4/1(4)
  2. 2 Whether payment into court by the defendant affects the requirement for security for costs

Ratio Decidendi

Security for costs should not be ordered against a plaintiff residing within the jurisdiction unless exceptional circumstances are demonstrated; payment into court by the defendant suggests substance in the plaintiff's claim and militates against requiring security.

Court Disposition

application for security for costs dismissed