Costs—Security for costs—Jurisdiction

Chancery Division, Roth J, 12 Aug 2011

The Chancery Division has reviewed the principles applicable to security for costs.

Mr C Orr QC (instructed by Enyo Law LLP) for the Claimant.
Mr J Wardell QC and Ms E Murphy (instructed by Berwin Leighton Paisner LLP) for the 1st, 2nd and 4th Defendants. 3rd Defendant was not present and was not represented.

The proceedings concerned essentially a dispute between family members. The first defendant was the widow of the claimant’s brother. The claimant and his brother had built up a very successful business of property investment and development. After relations deteriorated T, a tax barrister, had been engaged to give effect to a division of the group of companies so as to achieve a demerger of their interests. The claimant took exception to T’s report and brought proceedings against the first defendant, her son, a new company (the first to third defendants) and T, alleging a series of breaches