MG v AR [2021] EWHC 3133 (Fam)

Published: 16/11/2021 08:05

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.

Class Legal

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