Ackerman v Ackerman & Ors

Ackerman v Ackerman & Ors

The claimant has taken steps in relation to his assets making enforcement of a costs order difficult, has not been fully candid about his means, and has access to further funds from family; security for costs is just and will not stifle the claim if set at £600,000, with £375,000 secured by a charge on the matrimonial home.

Parties
Claimant: Joseph Ackerman; Defendant: Naomi Ackerman; Defendant: Barry Ackerman; Defendant: Andrew Thornhill; Defendant: Bana One Limited
Jurisdiction
England and Wales
Judgment Date
12 August 2011
Procedural Posture
Civil / Interlocutory Application for Security for Costs
Outcome
Application for security for costs granted in part
Legal Topics
Security for Costs, Family Business Dispute, Enforcement of Costs Orders, Asset Transfers, Expedited Trial
Civil Procedure Security for Costs Family Business Dispute Enforcement of Costs Orders Asset Transfers Expedited Trial

Case Brief

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Parties

Joseph Ackerman

Claimant

Naomi Ackerman

Defendant

Barry Ackerman

Defendant

Andrew Thornhill

Defendant

Bana One Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether the claimant has taken steps in relation to his assets making enforcement of a costs order difficult
  2. 2 Whether it is just to order security for costs and in what amount
  3. 3 Whether ordering security would stifle the claim

Ratio Decidendi

The claimant has taken steps in relation to his assets making enforcement of a costs order difficult, has not been fully candid about his means, and has access to further funds from family; security for costs is just and will not stifle the claim if set at £600,000, with £375,000 secured by a charge on the matrimonial home.

Court Disposition

Application for security for costs granted in part

Orders

  • Claimant to provide security for costs in the sum of £600,000, of which £375,000 may be furnished by way of a first charge on 38 Green Lane.