Moore v Moore

The court held that the security for costs order of £15,000 should stand due to the husband's failure to pay maintenance, his residence in Nigeria, and the uncertainty regarding the value and availability of his property as security. However, the time for payment was extended to 30 April 2009 to allow the husband a reasonable opportunity to comply.

Parties: Applicant/defendant: Moore; Respondent/claimant: Moore
Jurisdiction: England and Wales
Judgment Date: 03 April 2009
Procedural Posture: Civil Appeal (family Division) / Application to Vary Security for Costs Order Pending Appeal
Outcome: Application to vary the quantum of security for costs refused; application to extend time for payment granted.
Legal Topics: Security for Costs, Variation of Court Orders, Maintenance Payments, Jurisdictional Issues

Family Law Civil Procedure Security for Costs Variation of Court Orders Maintenance Payments Jurisdictional Issues

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Parties

Moore

Applicant/defendant

Moore

Respondent/claimant

Procedural Posture

Civil Appeal (family Division) / Application to Vary Security for Costs Order Pending Appeal

Legal Issues

1 Whether the security for costs order of £15,000 should be varied or set aside
2 Whether the time for payment of security for costs should be extended
3 Whether the value of the property owned by the husband provides sufficient security

Ratio Decidendi

Court Disposition

Application to vary the quantum of security for costs refused; application to extend time for payment granted.

Orders

Order of 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.