A v B [2025] EWFC 127 (14 April 2025)

A v B [2025] EWFC 127 (14 April 2025)

It is not reasonable to require the mother to sell or charge her home or exhaust her modest savings to fund her legal costs, given the father's substantial resources, the history of litigation driven by the father's conduct, and the need for the mother to retain some financial security. The sum to be provided by the father should be limited to costs up to the DRA stage, excluding historic and reserved costs, and should be paid in instalments.

Citation
[2025] EWFC 127
Parties
Applicant: A; Respondent: B
Jurisdiction
England and Wales
Judgment Date
14 April 2025
Procedural Posture
Schedule 1 Children Act 1989 Application for Litigation Funding / Interlocutory Application for Legal Costs Funding Prior to DRA
Outcome
Application granted in part
Legal Topics
Litigation Funding, Schedule 1 Children Act 1989, Child Arrangements, Legal Services Payment Orders, Costs Orders
Family Law Child Law Litigation Funding Schedule 1 Children Act 1989 Child Arrangements Legal Services Payment Orders Costs Orders

Case Brief

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Parties

A

Applicant

B

Respondent

Procedural Posture

Schedule 1 Children Act 1989 Application for Litigation Funding / Interlocutory Application for Legal Costs Funding Prior to DRA

Legal Issues

  1. 1 Whether the applicant (mother) can reasonably fund her own legal costs for ongoing child arrangements proceedings
  2. 2 Whether the respondent (father) should be ordered to provide a lump sum for the applicant's legal costs under Schedule 1 Children Act 1989
  3. 3 Whether the matter should be referred to mediation instead of court proceedings

Ratio Decidendi

It is not reasonable to require the mother to sell or charge her home or exhaust her modest savings to fund her legal costs, given the father's substantial resources, the history of litigation driven by the father's conduct, and the need for the mother to retain some financial security. The sum to be provided by the father should be limited to costs up to the DRA stage, excluding historic and reserved costs, and should be paid in instalments.

Court Disposition

Application granted in part

Orders

  • Father to pay the mother £134,696 towards her legal costs up to the DRA, payable as £30,000 by 1 May 2025 and £20,939 per month for 5 months thereafter.
  • Claim for £50,000 war chest adjourned to be considered after DRA.