Moore v Moore [2009] EWCA Civ 737 (17 March 2009)

Moore v Moore [2009] EWCA Civ 737 (17 March 2009)

Given the respondent's residence outside the jurisdiction, history of non-compliance with court orders, and the insufficiency of available security, it is just to order security for costs, but the sum should be limited to £15,000 as a reasonable estimate of the respondent's likely costs.

Citation
[2009] EWCA Civ 737
Parties
Applicant: Moore; Respondent: Moore
Jurisdiction
England and Wales
Judgment Date
17 March 2009
Procedural Posture
Family Law Appeal / Application for Security for Costs Pending Appeal
Outcome
Application for security for costs granted
Legal Topics
Security for Costs, Maintenance Pending Suit, Jurisdiction
Family Law Civil Procedure Security for Costs Maintenance Pending Suit Jurisdiction

Case Brief

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Parties

Moore

Applicant

Moore

Respondent

Procedural Posture

Family Law Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered against a non-resident appellant in family proceedings
  2. 2 Whether the circumstances justify the quantum of security sought

Ratio Decidendi

Given the respondent's residence outside the jurisdiction, history of non-compliance with court orders, and the insufficiency of available security, it is just to order security for costs, but the sum should be limited to £15,000 as a reasonable estimate of the respondent's likely costs.

Court Disposition

Application for security for costs granted

Orders

  • Respondent to pay £15,000 into court by 1400hrs on 23 March 2009 as security for costs