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10.7.—(1) The court may make an order for security for costs under rule 10.6—
(a)if it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and
(b)if—
(i)one or more of the conditions in paragraph (2) applies; or
(ii)an enactment permits the court to require security for costs.
(2) The conditions are—
(a)the applicant is—
(i)resident out of the jurisdiction; but
(ii)not resident in a Brussels Contracting State, a State bound by the Lugano Convention or a Regulation State, as defined in section 1(3) of the Civil Jurisdiction and Judgments Act 1982(1);
(b)the applicant is a company or other body (whether incorporated inside or outside Great Britain) and there is reason to believe that it will be unable to pay the respondent’s costs if ordered to do so;
(c)the applicant has changed address since proceedings were commenced with a view to avoiding the consequences of the litigation;
(d)the applicant failed to give an address, or gave an incorrect address, in the application form commencing the proceedings;
(e)the applicant is acting as a nominal applicant and there is reason to believe that the applicant will be unable to pay the respondent’s costs if ordered to do so;
(f)the applicant has taken steps in relation to the applicant’s assets that would make it difficult to enforce an order for costs against the applicant.
1982 c. 27. Section 1(3) has been amended by S.I. 1990/2591, article 6, section 2(5) and (6) of the Civil Jurisdiction and Judgments Act 1991 (c. 12), S.I. 2007/1655, regulation 2(1), (3)(a), S.I. 2009/3131, regulations 2. 3(1), 4, S.I. 2011/1215, regulations 3 and 4, and S.I. 2012/1809, article 3(1), Schedule Part 1.
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