Waiver of security
10.3 Provided that all the respondents agree
that security for costs should be waived, the appellants may lodge
a consent form asking the House to release the appellants from
the obligation to pay security for costs. The consent must be
signed by all the respondents and lodged with the prescribed fee
within seven days of the presentation of the appeal. An order
is then made absolving the appellants from giving security. A
copy of the form of consent is available from the Judicial Office.
10.4 The following are not required to give security
for costs and no waiver is necessary:
(a) an appellant who has been granted a certificate
of public funding/legal aid;
(b) an appellant in an appeal under the Child
Abduction and Custody Act 1985;
(c) a Minister or Government department[52].
10.5 No security for costs or waiver is required
in cross-appeals.
10.6 The House has the power to vary or dispense
with the requirement to give security for costs when the respondents
do not agree to a waiver, but uses this power rarely, and only
after an Appeal Committee has recommended that the requirement
for security should be waived[53].
The Appeal Committee normally takes this decision on the papers
alone, without an oral hearing.
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