Golubovich v Golubovich

Golubovich v Golubovich

The court has jurisdiction to order security for costs and past costs under its case management powers, but should not order security for substantive sums pending appeal as it would prejudge the appeal and infringe Article 6 ECHR. Security for costs is justified due to the husband's residence outside the jurisdiction and his conduct, and an interim payment for past costs ordered by the court must be made.

Parties
Applicant: Elena Golubovich; Respondent: Ilya Golubovich
Jurisdiction
England and Wales
Judgment Date
03 March 2011
Procedural Posture
Family Appeal / Application for Security for Costs Pending Appeal
Outcome
Application allowed in part
Legal Topics
Security for Costs, Appeals, Financial Relief After Foreign Divorce, Case Management Powers
Family Law Civil Procedure Security for Costs Appeals Financial Relief After Foreign Divorce Case Management Powers

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Parties

Elena Golubovich

Applicant

Ilya Golubovich

Respondent

Procedural Posture

Family Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether the court has jurisdiction to order security for costs and substantive sums pending appeal
  2. 2 Whether it is appropriate to exercise discretion to order security for costs, past costs, and substantive sums
  3. 3 Whether such orders would stifle the appeal or infringe Article 6 ECHR rights

Ratio Decidendi

The court has jurisdiction to order security for costs and past costs under its case management powers, but should not order security for substantive sums pending appeal as it would prejudge the appeal and infringe Article 6 ECHR. Security for costs is justified due to the husband's residence outside the jurisdiction and his conduct, and an interim payment for past costs ordered by the court must be made.

Court Disposition

Application allowed in part

Orders

  • Stay of proceedings until husband pays £30,000 into court by 17 March 2011 as security for wife's costs of appeal.
  • Husband to pay £10,000 directly to wife's solicitors by 17 March 2011 as interim payment for past costs ordered by the court.