DH v RH [2024] EWFC 131 (16 January 2024)

DH v RH [2024] EWFC 131 (16 January 2024)

The husband is not in arrears of maintenance pending suit as payments made were set off against the order based on the wife's represented intention to move to London, not Wyoming. There is no evidential basis to order further payment for storage or moving costs. The legal services payment order should not be varied up or down as the circumstances and tasks remain as previously assessed. Directions for disclosure, expert evidence, and trial preparation are made as set out in the judgment.

Citation
[2024] EWFC 131
Parties
Applicant: DH; Respondent: RH
Jurisdiction
England and Wales
Judgment Date
16 January 2024
Procedural Posture
Financial Remedy Proceedings / Pretrial Review
Outcome
Applications to enforce maintenance pending suit and to vary the legal services payment order are refused. Directions for trial preparation are made.
Legal Topics
Financial Remedies, Maintenance Pending Suit, Legal Services Payment Order, Disclosure, Expert Evidence
Family Law Financial Remedies Maintenance Pending Suit Legal Services Payment Order Disclosure Expert Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

DH

Applicant

RH

Respondent

Procedural Posture

Financial Remedy Proceedings / Pretrial Review

Legal Issues

  1. 1 Whether to enforce alleged arrears of maintenance pending suit
  2. 2 Whether to vary the legal services payment order (LSPO)
  3. 3 Directions for disclosure, expert evidence, and trial preparation

Ratio Decidendi

The husband is not in arrears of maintenance pending suit as payments made were set off against the order based on the wife's represented intention to move to London, not Wyoming. There is no evidential basis to order further payment for storage or moving costs. The legal services payment order should not be varied up or down as the circumstances and tasks remain as previously assessed. Directions for disclosure, expert evidence, and trial preparation are made as set out in the judgment.

Court Disposition

Applications to enforce maintenance pending suit and to vary the legal services payment order are refused. Directions for trial preparation are made.

Orders

  • Disclosure as per para.5 of the draft order directed.
  • Disclosure of whereabouts of chattels directed (para.6).