David Cody v (1) Andrew Murray (2) Judy Murray (3) William Murray (2013)



Judge: David Donaldson QC sitting as a deputy judge of the Chancery Division

Citation: [2013] EWHC 3448 (Ch)

The court considered the circumstances in which an individual living in Texas could be ordered to give security for costs.

Facts: C sued Ds (Andy Murray and others) for allegedly outstanding fees. C lived in Texas and claimed to be impecunious. Ds applied for security for costs.

Held: Security for costs of $30,000 was ordered on the basis that execution in Texas to that amount was more difficult than in the EU and that C could afford that security. The judge refused to follow Dumrul v Standard Chartered Bank [2010] EWHC 2625 (Comm), [2010] 2 C.L.C. 661 that had held that only the extra costs and difficulties of enforcement were relevant. The judge also called for a review of Nasser v United Bank of Kuwait (Security for Costs) [2001] EWCA Civ 556, [2002] 1 W.L.R. 1868.

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