ABSTRACT
Security for the defendant’s costs Under Ord 23 r 1 the defendant may apply to the court for an order that a plaintiff resident outside the jurisdiction provides security for the defendant’s costs of the action. The order gives the court a discretion to make such an order when, ‘having regard to all the circumstances of the case, the court thinks it just to do so’. Under s 38(3) of the Arbitration Act 1996, arbitrators are empowered to make an order for security for costs.
