A & Z, Re (No. 2) (Interim Third Party Debt Order) [2026] EWFC 90 (29 April 2026)

A & Z, Re (No. 2) (Interim Third Party Debt Order) [2026] EWFC 90 (29 April 2026)

The interim third party debt order was not pursued because there was no evidence that Winckworth Sherwood LLP held funds to Z's credit free from their own claims; costs were awarded to the solicitors as they were required to respond to a speculative application.

Citation
[2026] EWFC 90
Parties
Applicant: A; First Respondent: Z; Second Respondent: Winckworth Sherwood LLP
Jurisdiction
England and Wales
Judgment Date
29 April 2026
Procedural Posture
Family (divorce and Financial Remedy) / Interim Application for Third Party Debt Order; Return Hearing on Costs
Outcome
Application for interim third party debt order not pursued; costs awarded to second respondent.
Legal Topics
Third Party Debt Orders, Enforcement of Financial Orders, Legal Services Payment Orders, Maintenance Pending Suit, Costs Orders
Family Law Civil Procedure Third Party Debt Orders Enforcement of Financial Orders Legal Services Payment Orders Maintenance Pending Suit Costs Orders

Case Brief

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Parties

A

Applicant

Z

First Respondent

Winckworth Sherwood LLP

Second Respondent

Procedural Posture

Family (divorce and Financial Remedy) / Interim Application for Third Party Debt Order; Return Hearing on Costs

Legal Issues

  1. 1 Whether an interim third party debt order should be made against the respondent's solicitors' client account in the absence of evidence of a debt owed to the respondent
  2. 2 Whether costs should be awarded to the second respondent (solicitors) after the application was not pursued

Ratio Decidendi

The interim third party debt order was not pursued because there was no evidence that Winckworth Sherwood LLP held funds to Z's credit free from their own claims; costs were awarded to the solicitors as they were required to respond to a speculative application.

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 further hearing.