Security after change of address

Aoun v Bahri and another ([2002] 3 All ER QBD (Com Ct))

The claimant was an Australian national who lived in Athens. A few weeks after bringing proceedings in England, he moved from the address given on the claim form to two other addresses in Athens. He also owned a house in Australia to which his wife and family returned, however he, and subsequently his family, moved to England and sold the house in Australia. The defendants contended that the claimant had moved to England rather than Australia in order to avoid having to give security for costs, and that he had changed his address since the commencement of the claim ‘with a view to evading the consequences of the litigation’ within the meaning of CPR 25.13(2)(d) which provides: ‘(1) The court may make an order for security for costs under rule 25.12 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)(i) one or more of the conditions in paragraph (2) applies … (2) the conditions are … (d) the claimant has changed his address since the claim was commenced with a view to evading the consequences of the litigation;… (g) the claimant has taken steps in relation to his assets that would make it difficult to enforce an order for costs against him.’