AM v SS

AM v SS

The wife cannot reasonably obtain legal services without an order, and the only asset safely available is the equity in the Maida Vale Property. To ensure equal footing and access to justice, the husband is ordered to provide a charge over the Maida Vale Property for the wife’s legal costs, limited to £150,000.

Parties
Applicant: AM; Respondent: SS
Jurisdiction
England and Wales
Judgment Date
21 November 2013
Procedural Posture
Application for Legal Services Order in Financial Remedy Proceedings / Interlocutory Judgment
Outcome
Legal Services Order granted in part
Legal Topics
Legal Services Order, Maintenance Pending Suit, Financial Remedies, Costs in Matrimonial Proceedings
Family Law Legal Services Order Maintenance Pending Suit Financial Remedies Costs in Matrimonial Proceedings

Case Brief

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Parties

AM

Applicant

SS

Respondent

Procedural Posture

Application for Legal Services Order in Financial Remedy Proceedings / Interlocutory Judgment

Legal Issues

  1. 1 Whether the applicant wife is entitled to a Legal Services Order for legal costs
  2. 2 Whether the respondent husband has resources to meet such an order
  3. 3 Appropriate quantum and form of any Legal Services Order

Ratio Decidendi

The wife cannot reasonably obtain legal services without an order, and the only asset safely available is the equity in the Maida Vale Property. To ensure equal footing and access to justice, the husband is ordered to provide a charge over the Maida Vale Property for the wife’s legal costs, limited to £150,000.

Court Disposition

Legal Services Order granted in part

Orders

  • Husband to provide wife a charge over Maida Vale Property for £150,000 (£100,000 for future costs, £50,000 for costs incurred to date)
  • Husband not to increase mortgage to RBS or dispose of interest in Maida Vale Property