No order for security for costs against spouse

Chilab v King’s College London and another CA TLR 8 November

An application for security for costs against a third party under r25.14(2)(b) of the Civil Procedure Rules could only be made if that third party had contributed or agreed to contribute to the claimant’s costs in return for a share of any proceeds the claimant might recover in the proceedings, and although such an agreement might be implied, the inference to be drawn where a spouse provided financial support was that the contribution had been made out of natural love and affection, not in return for a share in any proceeds recovered.