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Plaintiffs to provide security for costs in competition law dispute
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High Court orders two plaintiff companies, who are registered outside of Ireland, to provide security for costs in the discounted amount of one million euro in a competition law dispute between the parties who are in the whiskey/spirits sector on the grounds that: (a) the plaintiffs have adduced no evidence that satisfies the test for causation of impecuniosity; (b) the case raises no points of law or issues of exceptional public importance; and (c) there is no European context to the case amounting to a special circumstance which should weigh against granting the requested order.
Security for costs - O. 29, r. 1 of the Rules of the Superior Court, 1986 - s. 52 of the Companies Act, 2014 - practice and procedure - prima facie case - prima facie defence - when a company is established outside the European Union there is a presumption in favour of ordering security for costs - onus shifts to the plaintiffs to establish that the requested order should not be made - whether inability on plaintiffs part to provide security is attributable to defendant - whether the case raises one or more points of law or issues of exceptional public importance - whether there is a European context to the case that should weigh against granting the requested order - courts should seek to ensure that security for costs is not an obstacle to a full and fair disposal of the issues - order granted.
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