Schedule 1paragraph 9, sub-paragraph (4) Section 15 – Security for costs
94.This section substitutes a new section 107(4) of the 1977 Act which makes new provision in respect of the comptroller’s power to award security for costs (or expenses in Scotland). Although the new power is expressed in more general terms than the existing one, it is made subject to “prescribed conditions” being met. In prescribing those conditions, it is intended to impose similar conditions to those applicable to the courts, in England and Wales, under rule 25.13 of the Civil Procedure Rules. In particular this will mean that due account can be taken of the ability to enforce judgments in other jurisdictions under the Brussels and Lugano Conventions, and under Council Regulation (EC) No.44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The condition related to residing or carrying on business in the United Kingdom is removed from section 107(4), as is the specific list of proceedings in which security for costs can be sought.