1988 Ed.] The Rules of the Supreme Court Order 23

[CAP. 4

A 83

for which that party or insurer, as the case may be, is or may be liable under section 8 of that Ordinance in respect of whom the claim is made, the party against whom the claim is made must, within 7 days after the payment is made, give notice of the payment to all the other parties to the action.

Investment of money in court (O. 22, r. 13)

13. Cash under the control of or subject to the order of the Court may be invested in any manner specified in the Supreme Court Suitors' Funds Rules and the Trustee Ordinance.

Written offers “without prejudice save as to costs” (O. 22, r. 14)

14. (1) A party to proceedings may at any time make a written offer to any other party to those proceedings which is expressed to be "without prejudice save as to costs" and which relates to any issue in the proceedings.

(2) Where an offer is made under paragraph (1), the fact that such an offer has been made shall not be communicated to the Court until the question of costs falls to be decided and the Court shall take into account any offer which has been brought to its attention:

Provided that the Court shall not take such offer into account if, at the time it is made, the party making it could have protected his position as to costs by means of a payment into court under O. 22.

[Subsidiary]

(Cap. 4, sub. leg.)

(Cap. 29.)

ORDER 23

SECURITY FOR COSTS

Security for costs of action, etc. (O. 23, r. 1)

1. (1) Where, on the application of a defendant to an action or other proceeding in the High Court, it appears to the Court-

(a) that the plaintiff is ordinarily resident out of the jurisdiction, or

(b) that the plaintiff (not being a plaintiff who is suing in a representative capacity) is a nominal plaintiff who is suing for the benefit of some other person and that there is reason to believe that he will be unable to pay the costs of the defendant if ordered to do so, or

(c) subject to paragraph (2), that the plaintiff's address is not stated in the writ or other originating process or is incorrectly stated therein, or

(d) that the plaintiff has changed his address during the course of the proceedings with a view to evading the consequences of the litigation,

Share This Page