Impecunious plaintiffs and security for costs – a new leg to the test
The Irish Supreme Court recently refined the legal test to be applied in security for costs applications against corporate plaintiffs. The Supreme Court introduced a new leg to the proper approach to such applications. In certain circumstances, the court must consider whether is it likely that the proceedings will be “stifled” by an order for security. This consideration should be taken into account in assessing the rights of the parties and the approach that will cause the least injustice to them.