Moore v Moore

Moore v Moore

Security for costs is just in this case because the appellant is resident outside the jurisdiction, has failed to comply with previous orders, and the circumstances indicate a real risk as to costs recovery. However, the sum should be limited to £15,000 as a reasonable estimate of likely costs.

Parties
Applicant: Moore; Respondent: Moore
Jurisdiction
England and Wales
Judgment Date
17 March 2009
Procedural Posture
Family Law Appeal / Application for Security for Costs on 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 on 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

Security for costs is just in this case because the appellant is resident outside the jurisdiction, has failed to comply with previous orders, and the circumstances indicate a real risk as to costs recovery. However, the sum should be limited to £15,000 as a reasonable estimate of likely costs.

Court Disposition

Application for security for costs granted

Orders

  • Security for costs fixed at £15,000 to be paid into court by 1400hrs on 23 March 2009