Judge: David Donaldson QC sitting as a deputy judge of the Chancery Division
Citation:  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  EWHC 2625 (Comm),  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)  EWCA Civ 556,  1 W.L.R. 1868.