District Court Rules 2014

18.13 Security for appeal

(1)

This rule applies to an appeal other than an appeal for which the appellant has been granted legal aid under the Legal Services Act 2011.

(2)

The Judge must fix security for costs at the case management conference relating to the appeal, unless the Judge considers that in the interests of justice no security is required.

(3)

The amount of security must be fixed in accordance with the following formula, unless the Judge otherwise directs:

(a ÷ 2) × b

where—

a

is the daily recovery rate for the proceeding as classified by the Judge under rule 14.4; and

b

is the number of half days estimated by the Judge as the time required for the hearing.

(4)

Security must be paid to the Registrar at the registry of the court no later than 10 working days after the case management conference, unless the Judge otherwise directs.

(5)

If the security is not paid within the time specified under subclause (4), the respondent may apply for an order dismissing the appeal.

(6)

The Judge must defer the fixing of security until the application for legal aid has been determined if—

(a)

an appellant has applied for legal aid under the Legal Services Act 2011; and

(b)

at the time of the case management conference, the application has not been determined.

Compare: HCR 20.13