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The High Court granted applications for security for costs against the plaintiff in ongoing proceedings involving claims of negligence against a building and restoration company and several insurers following restoration works at the plaintiff's property after a fire. The court found that the plaintiff was not ordinarily resident in Ireland or an EU/Lugano Convention state, as he primarily resided in Monaco, and had not demonstrated sufficient unencumbered assets in the jurisdiction to cover the likely legal costs of the defendants if they were successful. The plaintiff’s intentions to return to Ireland for a presidential campaign were found not to amount to ordinary residence. Alleged delays by the defendants in bringing the applications and claims of prejudice were rejected, as were arguments that the plaintiff was unable to reside in Ireland due to the defendants' conduct or that his right of access to the courts would be affected. The court ordered that the quantum and details of the required security would be determined following further submissions.
security for costs – High Court – residence outside jurisdiction – negligence – building and restoration works – insurance dispute – fire damage – order for security – ordinary residence – Castlehyde – plaintiff’s assets – Rules of the Superior Courts (RSC) – delay in application – presidential campaign – costs order – special circumstances
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