Criteria for security for costs of a party (R. 158 RoP)
Failing any guarantees or other special circumstances […] it is not relevant whether the claimant belongs to a - financially sound - group of companies. It is only the financial position of the claimant itself that is relevant.
Whether a claimant is willing to reimburse the defendant if a cost order would be issued in favour of the defendant is not relevant either. The relevant criterion is whether, if that were the case, enforcement would be possible without undue burden.
Irrelevant whether a cost order in favour of the defendant is to be expected. The Court should not engage in evaluating the likelihood of the outcome of the case when deciding on a request for security for costs.
Not required that it is proven that enforcement is impossible. It is sufficient for a defendant to establish that enforcement of a cost order is unduly burdensome.
