DH v RH

DH v RH

The husband was not in arrears as payments made were consistent with the order and the factual basis presented at the time; the legal services payment order should not be varied as the circumstances and tasks have not materially changed since the original order; directions for disclosure, expert evidence, and asset valuation are made as set out to ensure a fair final hearing.

Parties
Applicant: DH; Respondent: RH
Jurisdiction
England and Wales
Judgment Date
25 June 2024
Procedural Posture
Financial Remedy Proceedings (family) / Pretrial Review Ruling
Outcome
Applications to enforce maintenance pending suit and to vary legal services payment order refused; directions for final hearing made.
Legal Topics
Financial Remedies, Maintenance Pending Suit, Legal Services Payment Order, Disclosure, Expert Evidence, Case Management
Family Law Financial Remedies Maintenance Pending Suit Legal Services Payment Order Disclosure Expert Evidence Case Management

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Parties

DH

Applicant

RH

Respondent

Procedural Posture

Financial Remedy Proceedings (family) / Pretrial Review Ruling

Legal Issues

  1. 1 Whether to vary or enforce maintenance pending suit order
  2. 2 Whether to vary legal services payment order
  3. 3 Directions for disclosure and expert evidence

Ratio Decidendi

The husband was not in arrears as payments made were consistent with the order and the factual basis presented at the time; the legal services payment order should not be varied as the circumstances and tasks have not materially changed since the original order; directions for disclosure, expert evidence, and asset valuation are made as set out to ensure a fair final hearing.

Court Disposition

Applications to enforce maintenance pending suit and to vary legal services payment order refused; directions for final hearing made.

Orders

  • Disclosure as per para.5 of draft order directed.
  • Disclosure of whereabouts of chattels directed.