Chilab v King's College London & Anor

Chilab v King's College London & Anor

There is no evidence of an agreement by the wife to contribute to costs in return for a share of any proceeds; contributions were made out of natural love and affection, not for financial gain, so the statutory precondition for security for costs is not met.

Source-derived case information.

Parties
Appellant: Chilab; Respondent: King’s College London; Respondent: Amira Sewan
Jurisdiction
England and Wales
Judgment Date
15 August 2012
Procedural Posture
Civil Appeal / Application for Security for Costs
Outcome
application refused
Legal Topics
Security for Costs, Third Party Funding, Appeals
Civil Procedure Security for Costs Third Party Funding Appeals

Source-derived case record

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Parties

Chilab

Appellant

King’s College London

Respondent

Amira Sewan

Respondent

Procedural Posture

Civil Appeal / Application for Security for Costs

Legal Issues

  1. 1 Whether the court can order security for costs against a third party spouse under CPR 25.14(2)(b)
  2. 2 Whether the statutory precondition for such an order is met

Ratio Decidendi

There is no evidence of an agreement by the wife to contribute to costs in return for a share of any proceeds; contributions were made out of natural love and affection, not for financial gain, so the statutory precondition for security for costs is not met.

Court Disposition

application refused

Orders

  • application for security for costs against the wife is refused