Security for Costs in Public Interest Litigation (RDA Ltd v Christie (Bahamas))

Article summary

Environment analysis: This appeal to the Privy Council from the Court of Appeal of The Bahamas concerns the proper approach to applications for security for costs by defendants to public interest environmental judicial review claims and in particular by developers joined as additional defendants. The Privy Council decided that the security ordered did not hinder the appellant’s constitutional right of access to the court in a matter being brought in the public interest because the appellant, a corporation, had failed to show by way of evidence as to the means of its supporters that the security ordered would stifle the appellant’s claim. In relation to the developer’s security for costs order, the Privy Council held that it ought not to have been granted to the developers because they did not have a separate interest to the government respondents and as such were unlikely to be awarded costs. Written by Ruth Jordan, barrister at Serle Court.