DR v ES and Ors (Further LSPO Application)

DR v ES and Ors (Further LSPO Application)

A further LSPO is granted in favour of the wife, encompassing a portion of historic costs and future costs, as the wife would not reasonably be able to obtain appropriate legal services without such funding, and the husband can afford to pay. The LSPO is structured to ensure equality of arms, with payments in instalments and restrictions on the husband's use of funds raised.

Parties
Applicant: DR; First Respondent: ES; Second Respondent: JS; Second Respondent: KS
Jurisdiction
England and Wales
Judgment Date
02 September 2026
Procedural Posture
Financial Remedy Proceedings (lspo Application) / Interlocutory Application for Further Legal Services Payment Order
Outcome
Application for further LSPO granted in part
Legal Topics
Legal Services Payment Order (lspo), Financial Remedies, Costs Funding, Equality of Arms, Historic Legal Costs
Family Law Legal Services Payment Order (lspo) Financial Remedies Costs Funding Equality of Arms Historic Legal Costs

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Parties

DR

Applicant

ES

First Respondent

JS

Second Respondent

KS

Second Respondent

Procedural Posture

Financial Remedy Proceedings (lspo Application) / Interlocutory Application for Further Legal Services Payment Order

Legal Issues

  1. 1 Whether a further LSPO should be granted to the applicant wife
  2. 2 Whether historic legal costs should be included in the LSPO
  3. 3 Quantum and terms of the LSPO

Ratio Decidendi

A further LSPO is granted in favour of the wife, encompassing a portion of historic costs and future costs, as the wife would not reasonably be able to obtain appropriate legal services without such funding, and the husband can afford to pay. The LSPO is structured to ensure equality of arms, with payments in instalments and restrictions on the husband's use of funds raised.

Court Disposition

Application for further LSPO granted in part

Orders

  • Husband to fund wife's outstanding costs as at 5 January 2026 in the sum of £107,250.
  • Husband to fund wife's costs from 5 January to 20 January 2026 (after funds on account) in the sum of £47,320.