—(1) Where, on the application of a defendant to an action or other proceeding in the Court, it appears to the Court —
that the plaintiff is ordinarily resident out of the jurisdiction;
that the plaintiff (not being a plaintiff who is suing in a representative capacity) is a nominal plaintiff who is suing for the benefit of some other person and that there is reason to believe that he will be unable to pay the costs of the defendant if ordered to do so;
subject to paragraph (2), that the plaintiff’s address is not stated in the writ or other originating process or is incorrectly stated therein; or
that the plaintiff has changed his address during the course of the proceedings with a view to evading the consequences of the litigation,
then, if, having regard to all the circumstances of the case, the Court thinks it just to do so, it may order the plaintiff to give such security for the defendant’s costs of the action or other proceeding as it thinks just.
(2) The Court shall not require a plaintiff to give security by reason only of paragraph (1)(c) if he satisfies the Court that the failure to state his address or the mis-statement thereof was made innocently and without intention to deceive.
(3) Where, on the application of a defendant to an action or other proceeding in the Court, it appears to the Court —
that a party, who is not a party to the action or proceeding (referred to hereinafter as a “non-party”), has assigned the right to the claim to the plaintiff with a view to avoiding his liability for costs; or
that the non-party has contributed or agreed to contribute to the plaintiff’s costs in return for a share of any money or property which the plaintiff may recover in the action or proceeding,
and the non-party is a person against whom a costs order may be made, then, if, having regard to all the circumstances of the case, the Court thinks it just to do so, it may order the non-party to give such security for the defendant’s costs of the action or other proceeding as the Court thinks just.
(4) An application for an order under paragraph (3) shall be made by summons, which must be served on the non-party personally and on every party to the proceedings.
(5) A copy of the supporting affidavit shall be served with the summons on every person on whom the summons is required to be served.
(6) The references in paragraphs (1), (2) and (3) to a plaintiff and a defendant shall be construed as references to the person (howsoever described on the record) who is in the position of plaintiff or defendant, as the case may be, in the proceeding in question, including a proceeding on a counterclaim.