Michael McCarthy (Labour)

I move amendment No. 22:

In page 81, subsection (4), line 13, to delete "respondent will be unable to pay the costs of the applicant" and substitute "applicant will be unable to pay the costs of the respondent".

The provisions of subsection (4) reverse the entire law of security for costs. The latter is not a mechanism which can be used to oppress a defendant but rather a mechanism whereby a plaintiff must prove that he or she is able to pay costs before being permitted to present a claim. It must never be a mechanism whereby a defendant can be prevented from defending a claim. This is almost unprecedented in legal terms.