The Family Procedure Rules 2010

CHAPTER 2 E+W SECURITY FOR COSTS

Security for costs E+W

20.6.—(1) A respondent to any application may apply under this Chapter of this Part for security for costs of the proceedings. (Part 4 provides for the court to order payment of sums into court in other circumstances.)

(2) An application for security for costs must be supported by written evidence.

(3) Where the court makes an order for security for costs, it will—

(a) determine the amount of security; and

(b) direct—

(i) the manner in which; and

(ii) the time within which,

the security must be given.

Conditions to be satisfied E+W

20.7.—(1) The court may make an order for security for costs under rule 20.6 if—

(a) it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order; and

(b) either—

(i) one or more of the conditions in paragraph (2) applies; or

(ii) an enactment permits the court to require security for costs.

(2) The conditions are—

(a) the applicant is—

(i) resident out of the jurisdiction; but

(ii) not resident in a Brussels Contracting State, [F1 a State bound by the Lugano Convention,] [F2 a State bound by the 2007 Hague Convention which is an EEA State,] a Regulation State [F3 or a Maintenance Regulation State], as defined in section 1(3) of the Civil Jurisdiction and Judgments Act 1982 [F4 , F5 ...] or a Member State bound by the Council Regulation;

(b) the applicant has changed address since the application was started with a view to evading the consequences of the litigation;

(c) the applicant failed to give an address in the application form, or gave an incorrect address in that form;

(d) the applicant has taken steps in relation to the applicant's assets that would make it difficult to enforce an order for costs against the applicant.

(3) The court may not make an order for security for costs under rule 20.6 in relation to the costs of proceedings under the 1980 Hague Convention.

(Rule 4.4 allows the court to strike out^(GL) a statement of case.)

[F6 (“EEA State” is defined in Schedule 1 to the Interpretation Act 1978).]

Textual Amendments

F1 Words in rule 20.7(2)(a)(ii) substituted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 24(a) (with rule 30)

F2 Words in rule 20.7(2)(a)(ii) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 16(a)

F3 Words in rule 20.7(2)(a)(ii) inserted (6.4.2012) by The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 24(b) (with rule 30)

F4 Words in rule 20.7(2)(a)(ii) inserted (18.6.2011) by The Family Procedure (Amendment) Rules 2011 (S.I. 2011/1328), rules 1, 15

F5 Words in rule 20.7(2)(a)(ii) omitted (6.4.2012) by virtue of The Family Procedure (Amendment) Rules 2012 (S.I. 2012/679), rules 1, 24(c) (with rule 30)

F6 Words in rule 20.7(2) inserted (20.12.2012) by The Family Procedure (Amendment No. 4) Rules 2012 (S.I. 2012/2806), rules 1, 16(b)

Security for costs of an appeal E+W

20.8.  The court may order security for costs of an appeal against—

(a) an appellant;

(b) a respondent who also appeals,

on the same grounds as it may order security for costs against an applicant under this Part.