Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

security definition

What does security mean? In legal practice, security means money or other assets provided as a guarantee that a legal obligation will be performed, with forfeiture if it is not. In criminal proceedings, it most often refers to a cash deposit or equivalent required as a condition of bail to secure a defendant’s attendance at court and compliance with bail; failure to surrender may lead to forfeiture. The concept and procedures are set by bail legislation and court rules in each jurisdiction. Practice varies: in England & Wales and Northern Ireland, courts commonly take recognisances, with or without sureties, and may require a...

Security for costs in family proceedings: FPR 2010 gateways, discretion, quantum, procedure and related case management measures and case law (England and Wales)

Published by a LexisNexis Family expert

Practice notes

security for Costs

Under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 20.6, a respondent to any application may seek security for the costs of the proceedings if one or more of the gateway conditions in FPR 2010, SI 2010/2955, 20.7 is met. On the same basis, and pursuant to FPR 2010, SI 2010/2955, 20.8, the court can also order security for costs against an appellant, or against a respondent who pursues an appeal. While these powers can be helpful in particular circumstances, their scope is often limited in family proceedings because there is no general rule that costs should follow the event. In MG v AR (Security for Costs), Mostyn J noted that, unlike the civil case law, in family cases the merits of the application and the strength of the defence must be scrutinised carefully; only by assessing the merits can a proper view be formed about the prospect of a costs award in the respondent’s favour...

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David Salter

David Salter has enjoyed a varied career in family law with over 45 years’ experience. He served as National Head of Family Law at Addleshaw Goddard and, subsequently, as Joint National Head of Family Law at Mills & Reeve, retiring in 2018.From 1997-1999, David was Chairman of Resolution, also acting as the first Chairman of Resolution’s Accreditation Committee. He subsequently became President of the International Academy of Family Lawyers from 2010 to 2012, having previously served as the Academy's European Chapter President.He has sat in various part-time judicial posts since 1985 sitting regularly as a deputy High Court judge and Recorder in the Family Court until March 2022. He now conducts private financial dispute resolution appointments.David was one of the original members of the Family Procedure Rules Committee which framed the 2010 Rules, serving a ten-year term from 2004 to 2014.He is a...

Web page updated on 21/05/2026

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