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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Hello, I am involved in an action in the Isle of Man. The other

Customer Question

Hello, I am involved in an action in the Isle of Man. The other party have applied for me to pay substantial funds into court there as security for costs in case I lose.The judge in the IoM has refused, saying that it would only be necessary for them to register the liability with a UK court. I called a UK solicitor and they agreed, saying that they would only need to file a form and pay £45 to register it. Can you tell me what that form would be called?
Submitted: 3 years ago.
Category: Law
Expert:  Kasare replied 3 years ago.
Hi thanks for your question, I will assist you with this.

What they would need to do is submit an application notice (Form N244) and complete this with the terms of what they are seeking, specifically pursuant to CPR 25. They also must provide a draft order and evidence and pay the fee.

Is there anything else I can assist you with regarding this? If not, please do not forget to rate my answer.

Many thanks

Customer: replied 3 years ago.

Thank you


I'm trying to understand..... looking up CPR25. Do you mean CPR25 or CCR25?


 


N244 seems to be only a general application notice, is that right? I was also told the filing fee would be £45. Is that correct?

Expert:  Kasare replied 3 years ago.
Hi yes the Application Notice is used for a wide variety of applications including an application for security for costs.

I refer to the Civil Procedure Rules - CPR - Part 25 deals with Security for costs - see this link - http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part25#II

Yes the fee is £45.

I hope this assists.

However, if it is the other side that are seeking this why are you seeking the information? If this is a case where you could, if you lose the case, be liable for a significant amount of costs, then surely you should consider looking at companies who can provide after the event insurance to cover legal expenses.



Customer: replied 3 years ago.

The 'other side' have asked the court in the Isle of Man to order me to make a payment into court as security for costs on the basis that I am not an Isle of Man resident. It is only because I am not an Isle of Man resident. The judge has told them that the amount would be very small because the only thing they would have to do, in the event that I lost and the Isle of Man court made an order for costs against me, would be to register the Isle of Man order in the UK. The judge said that would be a simple thing to do, costing no more than a couple of hundred pounds. It seems what you are saying is that it is not a simple thing to do, and that it has to be via an Application. Or is it that the Application is straight forward? Is it simply a case of registering the Isle of Man court order via an Application?


 


I am seeking the information because I don't want to have to pay more than a couple of hundred pounds, as the judge indicated. But the opposition lawyers are trying to bully me, increasing my costs whenever possible so I will give up under the weight of the 'noise'.

Expert:  Kasare replied 3 years ago.
Hi, sorry for the delay in replying, but we are all working solicitors and barristers on here.

There is a difference between an application for security for costs, which is what your question initially sought/said they were looking to do and an application to enforce a foreign judgment, which from your last appears to be the direction from the court.

I believe you are getting confused/worried unnecessarily so, but I obviously do not know the full circumstances of the case.

However, the "other side" (claimant or defendant?) have asked the Court for you to be ordered to pay money into the IOM court (as SECURITY FOR COSTS) in the event you receive an adverse costs order. The Court has REFUSED this on the basis that if they succeed and are awarded costs IN THE EVENT YOU DO NOT PAY THE JUDGMENT/COSTS then they can apply to the UK court to register the judgment and seek to enforce the same. It would be at this stage (IF YOU DID NOT PAY) that additional costs, which they could seek from you, would be enforced, not now.

Therefore, at present, the court has ruled against their application for costs and the case should simply proceed without any additional costs of applying to the UK courts.

I hope that clarifies matters for you.

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