A v B

A v B

It is not reasonable to expect the mother to exhaust her savings or mortgage her flat to fund litigation given the father's resources, the history of litigation, and the need for her to retain funds for contingencies and future needs. The sum for litigation funding should be limited to costs up to the Dispute Resolution Appointment (DRA), with reductions for historic costs, reserved costs, and items not yet ordered.

Parties
Applicant: A; Respondent: B
Jurisdiction
England and Wales
Judgment Date
05 December 2025
Procedural Posture
Schedule 1 Children Act 1989 Application for Litigation Costs Funding / Interlocutory Judgment on Costs Funding
Outcome
Application for litigation costs funding granted in part; sum awarded for costs up to DRA only; other claims adjourned or excluded.
Legal Topics
Litigation Funding, Schedule 1 Children Act 1989, Child Arrangements, Costs Orders
Family Law Litigation Funding Schedule 1 Children Act 1989 Child Arrangements Costs Orders

Case Brief

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Parties

A

Applicant

B

Respondent

Procedural Posture

Schedule 1 Children Act 1989 Application for Litigation Costs Funding / Interlocutory Judgment on Costs Funding

Legal Issues

  1. 1 Whether the applicant (mother) can reasonably pay for the proceedings herself
  2. 2 Whether the matter should be referred to mediation instead of litigation
  3. 3 Whether the issues in the mother's section 8 application require court determination

Ratio Decidendi

It is not reasonable to expect the mother to exhaust her savings or mortgage her flat to fund litigation given the father's resources, the history of litigation, and the need for her to retain funds for contingencies and future needs. The sum for litigation funding should be limited to costs up to the Dispute Resolution Appointment (DRA), with reductions for historic costs, reserved costs, and items not yet ordered.

Court Disposition

Application for litigation costs funding granted in part; sum awarded for costs up to DRA only; other claims adjourned or excluded.

Orders

  • Father to pay £134,696 to mother for litigation costs up to DRA, payable as £30,000 on 1 May 2025 and £20,939 per month for 5 months thereafter.
  • Schedule 1 application to be relisted for further consideration at conclusion of DRA, to be heard in the Central Family Court immediately after DRA.