CC v UU

CC v UU

The court lacks jurisdiction to grant a LSPO after a clean break order has taken effect and proceedings have concluded; neither an appeal nor a set aside application revives the statutory power to grant a LSPO under s22ZA Matrimonial Causes Act 1973.

Parties
Applicant: CC; Respondent: UU
Jurisdiction
England and Wales
Judgment Date
16 July 2025
Procedural Posture
Family / Ruling on Application for Legal Services Payment Order (lspo) and Set Aside Application
Outcome
Applications dismissed
Legal Topics
Legal Services Payment Order, Clean Break Order, Set Aside Application, Jurisdiction, Financial Remedies
Family Law Legal Services Payment Order Clean Break Order Set Aside Application Jurisdiction Financial Remedies

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Parties

CC

Applicant

UU

Respondent

Procedural Posture

Family / Ruling on Application for Legal Services Payment Order (lspo) and Set Aside Application

Legal Issues

  1. 1 Whether the court has jurisdiction to grant a legal services payment order (LSPO) after a clean break order has been made and proceedings have concluded
  2. 2 Whether a LSPO can be made in respect of set aside applications or appeals after financial remedy proceedings have ended

Ratio Decidendi

The court lacks jurisdiction to grant a LSPO after a clean break order has taken effect and proceedings have concluded; neither an appeal nor a set aside application revives the statutory power to grant a LSPO under s22ZA Matrimonial Causes Act 1973.

Court Disposition

Applications dismissed

Orders

  • The Wife’s applications for a LSPO in respect of the appeal proceedings to the Court of Appeal and in her set aside application are dismissed.
  • The set aside application dated 26 June 2025 shall be allocated to the Newport family court.