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High Court directs that plaintiff provide security for the defendant's costs in the sum of €91,500 in an action for alleged breach of a contract to pay professional fees, on the grounds that the defendant had established a prima facie defence, that the plaintiff was financially challenged and unable to meet the defendant's costs and that there were no special circumstances to justify the refusal of the order.
Security for costs - claim for specific performance of contract or damages for breach - claim for fees for professional services - s.52 of the Companies Act 2014 - O.29, r.1 of the Rules of the Superior Courts 1986 - whether defendant had established a bona fide defence - whether plaintiff able to pay defendant's costs if defendant successful at trial - whether specific circumstances which should cause court to exercise discretion not to make order sought - whether impecuniosity due to the wrongdoing of the defendant - personal guarantee - quantum of security to be ordered.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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