Security for costs in family proceedings
Produced in partnership with David Salter of Deputy High Court judge and Recorder

The following Family practice note produced in partnership with David Salter of Deputy High Court judge and Recorder provides comprehensive and up to date legal information covering:

  • Security for costs in family proceedings
  • Procedure
  • Powers of the court
  • Amount of security
  • Other provisions
  • Legally aided claimants

Security for costs in family proceedings

The provisions for security for costs in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 20.6 provide that a respondent to any application may apply for security for the costs of the proceedings if they fulfil the conditions to be satisfied set out in FPR 2010, SI 2010/2955, 20.7. The court may also make an order for security for costs on the same principles against an appellant, or against a respondent who also appeals, in accordance with FPR 2010, SI 2010/2955, 20.8. Although useful in some circumstances, these provisions are likely to have limited application in family proceedings because there is no general principle that costs should follow the event, see Practice Note: Costs in family proceedings.

Procedure

An application for security for costs must be supported by written evidence. The procedure under FPR 2010, Pt 18 applies, see Practice Notes: FPR 2010, Part 18—other applications in proceedings and FPR 2010, Part 18 applications—procedure.

The court may also make an order on its own initiative under its general case management powers. See Practice Note: Court's case management powers—FPR 2010.

Powers of the court

The court has a discretion to make an order for security for costs, but may only do so if certain conditions are fulfilled. The court may make an order for security for costs if it is just to do so, having

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