Z (No.2) (Schedule 1: Further Legal Costs Funding Order; Further Interim Financial Provision) [2021] EWFC 72 (16 August 2021)

Z (No.2) (Schedule 1: Further Legal Costs Funding Order; Further Interim Financial Provision) [2021] EWFC 72 (16 August 2021)

The court allowed an increase in nanny costs due to the child's medical needs but refused an increase in domestic help, awarded partial reimbursement for overspent legal costs, granted further legal funding for the next stage of proceedings, set a proportionate sum for section 8 issues, and refused the claim for repayment of the alleged loan due to the applicant's deliberate misleading of the court.

Citation
[2021] EWFC 72
Parties
Applicant (mother): X; Respondent (father): Y
Jurisdiction
England and Wales
Judgment Date
16 August 2021
Procedural Posture
Schedule 1 Children Act 1989 Proceedings / First Appointment; Applications for Interim Financial Provision and Legal Funding Orders
Outcome
Applications granted in part and refused in part; detailed orders made for interim financial provision and legal funding.
Legal Topics
Schedule 1 Children Act 1989, Interim Financial Provision, Legal Costs Funding, Maintenance Variation, Disclosure Obligations, Section 8 CA 1989 Issues
Family Law Child Law Schedule 1 Children Act 1989 Interim Financial Provision Legal Costs Funding Maintenance Variation Disclosure Obligations Section 8 CA 1989 Issues

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

X

Applicant (mother)

Y

Respondent (father)

Procedural Posture

Schedule 1 Children Act 1989 Proceedings / First Appointment; Applications for Interim Financial Provision and Legal Funding Orders

Legal Issues

  1. 1 Whether to increase interim maintenance for child-related expenses (nanny and domestic help)
  2. 2 Whether to award further legal costs funding to the applicant
  3. 3 Whether to require the respondent to answer the applicant's questionnaire

Ratio Decidendi

The court allowed an increase in nanny costs due to the child's medical needs but refused an increase in domestic help, awarded partial reimbursement for overspent legal costs, granted further legal funding for the next stage of proceedings, set a proportionate sum for section 8 issues, and refused the claim for repayment of the alleged loan due to the applicant's deliberate misleading of the court.

Court Disposition

Applications granted in part and refused in part; detailed orders made for interim financial provision and legal funding.

Orders

  • Nanny costs increased to £9,038 per month until FDR, to be reviewed post-surgery.
  • No increase in allowance for domestic cleaner/housekeeper.