Financial Remedies Journal: MG v AR [2021] EWHC 3133 (Fam)

MG v AR [2021] EWHC 3133 (Fam)16 November 2021

Published: 01/03/2022 09:00

Alexandra Hampton | Assistant Case EditorAlex is a junior barrister at Queen Elizabeth Building. She is building a practice across the full spectrum of private family law, with a particular focus on financial remedies.

https://www.bailii.org/ew/cases/EWHC/Fam/2021/3063.html

Mostyn J.

In the first reported judgment on security for costs since the advent of the FPR, Mostyn J gives a helpful review of the applicable principles in family cases. Unlike in civil case law, he considers that the rarity of costs orders requires the court to look carefully at the substantive merits of the application and only exercise its discretion if satisfied there is a good chance of the applicant for security obtaining an order for costs at final hearing. As to quantum, the Rubin guidelines (modified at [43]) should generally be followed.