HA v EN

HA v EN

Maintenance pending suit is ordered at £12,000 per month plus staff costs, despite lack of interim budget, due to fairness and long-standing status quo. Legal services payment order is granted for £610,000 (rounded) to the Wife's solicitors, with staged payments and secured by charge over the matrimonial home, as the Wife cannot reasonably obtain legal services otherwise. Husband's legal costs are similarly secured. Historical legal costs to previous solicitors are not allowed as not necessary for future representation. Charges and interest at 8% are imposed on the net proceeds of sale of the matrimonial home to secure legal costs for both parties.

Parties
Applicant: HA; Respondent: EN
Jurisdiction
England and Wales
Judgment Date
15 January 2025
Procedural Posture
Financial Remedy (divorce) / Post FDR Directions; Interim Applications for Maintenance Pending Suit and Legal Services Provision Order
Outcome
Interim orders granted for maintenance pending suit and legal services payment; directions for sale of matrimonial home; charges imposed to secure legal costs; costs reserved to final hearing.
Legal Topics
Maintenance Pending Suit, Legal Services Payment Order, Disclosure, Interim Orders, Charging Orders, Costs Funding
Family Law Matrimonial Causes Financial Remedies Maintenance Pending Suit Legal Services Payment Order Disclosure Interim Orders Charging Orders +1 more

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Parties

HA

Applicant

EN

Respondent

Procedural Posture

Financial Remedy (divorce) / Post FDR Directions; Interim Applications for Maintenance Pending Suit and Legal Services Provision Order

Legal Issues

  1. 1 Should maintenance pending suit be ordered and in what amount?
  2. 2 Should a legal services payment order (LSPO) be granted and in what quantum?
  3. 3 Is the Husband's financial disclosure sufficient or deficient?

Ratio Decidendi

Maintenance pending suit is ordered at £12,000 per month plus staff costs, despite lack of interim budget, due to fairness and long-standing status quo. Legal services payment order is granted for £610,000 (rounded) to the Wife's solicitors, with staged payments and secured by charge over the matrimonial home, as the Wife cannot reasonably obtain legal services otherwise. Husband's legal costs are similarly secured. Historical legal costs to previous solicitors are not allowed as not necessary for future representation. Charges and interest at 8% are imposed on the net proceeds of sale of the matrimonial home to secure legal costs for both parties.

Court Disposition

Interim orders granted for maintenance pending suit and legal services payment; directions for sale of matrimonial home; charges imposed to secure legal costs; costs reserved to final hearing.

Orders

  • Husband to pay maintenance pending suit at £12,000 per month plus staff costs.
  • Husband to pay household bills, school fees, and insurance.