§ Mr. Ashleyasked the Attorney-General (1) what security for costs can be required by the county court in a case where the plaintiff is a minor suing through a parent;
(2) if he is satisfied that the rules regarding provision of security for costs do not discriminate against a minor suing through a parent.
§ The Attorney-GeneralA minor may sue only by an adult as his next friend. This is usually a parent. A next friend is not as such required to give security for costs. The county court rules provide for him to lodge an undertaking to be responsible for any costs of the proceedings which the infant may be ordered to pay. He may be ordered to give security; but only in the circumstances in which an adult plaintiff could be ordered to give it. I am satisfied, therefore, that the rules do not discriminate against a minor suing through a parent. If my hon. Friend has some particular case in mind perhaps he will write to me.
§ Mr. Ashleyasked the Attorney-General what security for costs can be required by the county court in a case where the plaintiff is an adult.
§ The Attorney-GeneralThe County Court Rules require a plaintiff who does not reside in England and Wales to give security for costs, unless the registrar dispenses with it. There are also various circumstances in which the court can order the plaintiff to give security for costs—for example, on the application of a defendant who wishes to defend the action and does not reside or carry on business in the district of the court in which the proceedings have been commenced. These provisions apply whether the plaintiff is an adult or a minor.