Natthachai v Burrage & Anor [2025] EWHC 568 (Ch) (17 March 2025)

Natthachai v Burrage & Anor [2025] EWHC 568 (Ch) (17 March 2025)

Claimant's evidence was insufficiently full and frank to prove that security above £30,000 would stifle her claim; £30,000 is less than minimum security required; additional evidence on house value admitted; final amount to be determined at CCMC.

Citation
[2025] EWHC 568 (Ch)
Parties
Claimant: Kanokporn Nattachai; Defendant: Simon Burrage; Defendant: David Burrage
Jurisdiction
England and Wales
Judgment Date
17 March 2025
Procedural Posture
Security for Costs Application / Interlocutory Judgment
Outcome
Security for costs granted in principle; £30,000 to be paid as interim security; final amount to be determined at CCMC.
Legal Topics
Security for Costs, Inheritance (provision for Family and Dependants) Act 1975, Proprietary Estoppel, Costs Management
Civil Procedure Probate Trusts Security for Costs Inheritance (provision for Family and Dependants) Act 1975 Proprietary Estoppel Costs Management

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Parties

Kanokporn Nattachai

Claimant

Simon Burrage

Defendant

David Burrage

Defendant

Procedural Posture

Security for Costs Application / Interlocutory Judgment

Legal Issues

  1. 1 Whether security for costs greater than £30,000 would stifle the claim
  2. 2 Determination of the appropriate amount of security for costs

Ratio Decidendi

Claimant's evidence was insufficiently full and frank to prove that security above £30,000 would stifle her claim; £30,000 is less than minimum security required; additional evidence on house value admitted; final amount to be determined at CCMC.

Court Disposition

Security for costs granted in principle; £30,000 to be paid as interim security; final amount to be determined at CCMC.

Orders

  • Claimant to pay £30,000 security for costs within short period after judgment.
  • Claimant's additional evidence on house value admitted.