Moore v Moore [2009] EWCA Civ 433 (03 April 2009)

The court held that the amount of security for costs (£15,000) was appropriate and should not be varied, but granted an extension of time for payment to 30 April 2009 due to the changed timetable for the appeal hearing.

Citation: [2009] EWCA Civ 433
Parties: Respondent/claimant: Moore; Applicant/defendant: Moore
Jurisdiction: England and Wales
Judgment Date: 03 April 2009
Procedural Posture: Family Appeal / Application to Vary Security for Costs Order Pending Permission to Appeal
Outcome: Order varied in part; extension of time for payment of security for costs granted; application otherwise dismissed.
Legal Topics: Security for Costs, Appeals, Maintenance Payments, Jurisdiction, Property Valuation

Family Law Civil Procedure Security for Costs Appeals Maintenance Payments Jurisdiction Property Valuation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3

Parties

Moore

Respondent/claimant

Moore

Applicant/defendant

Procedural Posture

Family Appeal / Application to Vary Security for Costs Order Pending Permission to Appeal

Legal Issues

1 Whether to vary the amount or timing of security for costs ordered against the husband pending his application for permission to appeal
2 Whether the property owned by the husband provides sufficient security for the wife's costs

Ratio Decidendi

Court Disposition

Order varied in part; extension of time for payment of security for costs granted; application otherwise dismissed.

Orders

Paragraphs 1 and 2 of the order dated 17 March 2009 varied to substitute 30 April 2009 for 23 March 2009 as the deadline for payment of £15,000 security for costs.
Unless security is given as ordered, the application for leave to appeal shall be dismissed.