MG v AR [2021] EWHC 3063 (Fam) (16 November 2021)

MG v AR [2021] EWHC 3063 (Fam) (16 November 2021)

The court ordered security for costs because the father is resident outside the jurisdiction, the mother's claim for costs is justified and likely to succeed due to the father's unreasonable conduct and weak case, there is a real risk of non-payment given the father's history of default, and the sum ordered is proportionate and within the father's means. The application was not made promptly, so the sum was reduced. The order is consistent with the best interests of the child.

Citation
[2021] EWHC 3063 (Fam)
Parties
Applicant (father, Respondent to the Application for Security for Costs): MG; Respondent (mother, Applicant for Security for Costs): AR
Jurisdiction
England and Wales
Judgment Date
16 November 2021
Procedural Posture
Family Law (children Act 1989, Security for Costs Application) / Interlocutory Application for Security for Costs Prior to Final Hearing
Outcome
Application for security for costs granted.
Legal Topics
Security for Costs, Children Act 1989, Jurisdiction, Costs Orders, Parens Patriae Doctrine
Family Law Civil Procedure Security for Costs Children Act 1989 Jurisdiction Costs Orders Parens Patriae Doctrine

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Parties

MG

Applicant (father, Respondent to the Application for Security for Costs)

AR

Respondent (mother, Applicant for Security for Costs)

Procedural Posture

Family Law (children Act 1989, Security for Costs Application) / Interlocutory Application for Security for Costs Prior to Final Hearing

Legal Issues

  1. 1 Whether security for costs should be ordered in a family case under FPR 20.6 and 20.7
  2. 2 Whether the gateway conditions for security for costs are satisfied
  3. 3 How the discretion to order security for costs should be exercised in family proceedings

Ratio Decidendi

The court ordered security for costs because the father is resident outside the jurisdiction, the mother's claim for costs is justified and likely to succeed due to the father's unreasonable conduct and weak case, there is a real risk of non-payment given the father's history of default, and the sum ordered is proportionate and within the father's means. The application was not made promptly, so the sum was reduced. The order is consistent with the best interests of the child.

Court Disposition

Application for security for costs granted.

Orders

  • Father to provide security for costs in the sum of £50,000 by bank transfer to the mother's solicitors within 14 days, to be held to the order of the court.
  • No stay of proceedings pending provision of security.