Family Case: Costs Security depends on Case Merits
Application for security for costs in family cases.
Held: In contrast to civil cases generally, in a family case the merits of the application and the strength of the defence necessarily have to be carefully considered. It is only by considering the merits that a view can be taken of the likelihood of an award of costs in favour of the respondent. This is because the default regime in family cases is no order as to costs. This is so whether the claim is about children or about financial remedies.
Mr Justice Mostyn
 EWHC 3063 (Fam),  4 WLR 146
Family Proceedings Rules 20.6 20.7
England and Wales
Cited – Pray And Others v Edie 29-May-1786
The lessor of the plaintiff in an action of ejectment, being resident abroad, was required to give security for costs. . .
Cited – Greenwich Ltd v National Westminster Bank Plc and Others ChD 13-Apr-1999
It is permissible for a court to order security for costs to be paid against a plaintiff limited company incorporated out of the jurisdiction, provided it appeared just to do so. There is no need to satisfy the apparent requirements of the Companies . .
Cited – Aoun v Bahri and Another ComC 6-Feb-2002
Application for security for costs against the claimant. . .
Cited – Infinity Distribution Ltd v The Khan Partnership Llp CA 20-Apr-2021
Appeal raising a question on the form of security for costs to be provided where the Court is satisfied that it is an appropriate case to order security.
Held: The gateway conditions for an order for security of costs are matters of fact, not . .
Cited – Ackerman v Ackerman and Others ChD 12-Aug-2011
The parties disputed the division of assets within a group of companies. . .
Cited – Porzelack KG v Porzelack (UK) Ltd 1987
When considering an application for security for costs against a litigant resident in the EU, the courts must allow for the new additional scope for enforcement of any judgment under the 1982 Act. In this case, an order for security for costs . .
Cited – Re S (A Child) SC 25-Mar-2015
The Court was asked as to the proper approach to ordering the unsuccessful party to pay the costs of a successful appeal in cases about the care and upbringing of children. It arises in the specific context of a parent’s successful appeal to the . .
Cited – Autoweld Systems Ltd v Kito Enterprises Llc CA 17-Dec-2010
In the civil sphere a claim for security for costs is invariably made in a costs-follow-the-event regime. Black LJ stated: ‘it must be borne in mind that the design of the rules is to protect a defendant (or a claimant placed in a similar position . .
Cited – Keary Developments v Tarmac Constructions CA 1995
The court set out the principles to be applied by the court upon an application for security for costs.
1. The court has a complete discretion whether to order security, and accordingly it will act in the light of all the relevant . .
Cited – TL v ML and others FD 9-Dec-2005
Cited – Chernukhin and Others v Danilina CA 30-Jul-2018
Unusual appeal concerning the quantum of security for costs ordered. . .
Cited – Bestfort Developments Llp and Others v Ras Al Khaimah Investment Authority and Others CA 8-Nov-2016
Whether threshold conditions met for grant of order for security for costs. . .
Cited – SS v MCP (No 2) FD 3-Nov-2021
Children – Custody rights – Jurisdiction – Allegation that mother wrongfully removing child born in England to India
As to an application for security for costs, ‘It is clear from the judgment of Moylan LJ in Re M that the burden of surmounting . .
Cited – Radu v Houston and Another CA 30-Oct-2006
Waller LJ doubted whether it was appropriate to make an order in the unless form. An order for security is intended to give a claimant a choice as to whether they put up security and continue with their action or withdraw the claim. That choice is . .
Cited – Sir Lindsay Parkinson and Co Ltd v Triplan Ltd CA 1973
The court exercises a full discretion when ordering security for costs.
Where a plaintiff who is ordinarily resident out of jurisdiction has no assets within it, he or she may still yet convince the court against ordering security for costs if . .
Cited – SZ v Birmingham City Council and Others FC 2-Mar-2021
Father’s application for contact with his children B, now aged 16 and S (known as K) aged 14. Both children are in the care of a local authority. B lives with the second respondent, the mother. K lives in a care home, but regularly visits his mother . .
Cited – Rubin v Rubin FD 10-Mar-2014
The court heard an application by the wife for a legal services payment order. . .
Cited – In re C (Children) (Family Proceedings: Case Management) CA 12-Oct-2012
The court has a general power summarily to dismiss a meritless claim for security for costs in a family case. . .
Cited – TL v ML and others FD 9-Dec-2005
Lists of cited by and citing cases may be incomplete.
Updated: 21 December 2021; Ref: scu.669924