A and Z (No 2) (Interim Third Party Debt Order), Re

A and Z (No 2) (Interim Third Party Debt Order), Re

The application for an interim third party debt order was not pursued at the return hearing after evidence showed no funds were held by the solicitors to the credit of Z free from their own claims. Costs were awarded to Winckworth Sherwood LLP as they were unnecessarily drawn into the proceedings by a speculative application unsupported by evidence.

Parties
Applicant: A; First Respondent: Z; Second Respondent: Winckworth Sherwood LLP
Jurisdiction
England and Wales
Judgment Date
29 April 2026
Procedural Posture
Divorce and Financial Remedy Proceedings / Interim Application for Third Party Debt Order; Costs Determination
Outcome
Application for interim third party debt order not pursued; costs awarded to second respondent
Legal Topics
Third Party Debt Order, Enforcement of Financial Orders, Legal Services Payment Order, Maintenance Pending Suit, Costs
Family Law Civil Procedure Third Party Debt Order Enforcement of Financial Orders Legal Services Payment Order Maintenance Pending Suit Costs

Case Brief

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Parties

A

Applicant

Z

First Respondent

Winckworth Sherwood LLP

Second Respondent

Procedural Posture

Divorce and Financial Remedy Proceedings / Interim Application for Third Party Debt Order; Costs Determination

Legal Issues

  1. 1 Whether an interim third party debt order should be made against the respondent's solicitors' client account
  2. 2 Whether the application was speculative and supported by sufficient evidence
  3. 3 Entitlement to costs arising from the application

Ratio Decidendi

The application for an interim third party debt order was not pursued at the return hearing after evidence showed no funds were held by the solicitors to the credit of Z free from their own claims. Costs were awarded to Winckworth Sherwood LLP as they were unnecessarily drawn into the proceedings by a speculative application unsupported by evidence.

Court Disposition

Application for interim third party debt order not pursued; costs awarded to second respondent

Orders

  • A to pay two thirds of Winckworth Sherwood LLP's costs, summarily assessed at £12,000; enforcement stayed pending outcome of forum hearing