HAT v LAT

HAT v LAT

Delay does not bar the applicant's claim for financial remedies; ongoing financial support by respondent for over 20 years reduces the significance of delay and strengthens applicant's claim. Interim maintenance and LSPO are reasonable given applicant's dependency, respondent's wealth, and inability to access other funds.

Parties
Applicant: HAT; Respondent: LAT
Jurisdiction
England and Wales
Judgment Date
29 September 2023
Procedural Posture
Family Financial Remedies / Interim Application for Maintenance Pending Suit (mps) and Legal Services Payment Order (lspo)
Outcome
Interim maintenance and LSPO granted.
Legal Topics
Financial Remedies, Maintenance Pending Suit, Legal Services Payment Order, Delay in Financial Claims, Separation Agreements
Family Law Financial Remedies Maintenance Pending Suit Legal Services Payment Order Delay in Financial Claims Separation Agreements

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 4 Authorities cited 17 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

HAT

Applicant

LAT

Respondent

Procedural Posture

Family Financial Remedies / Interim Application for Maintenance Pending Suit (mps) and Legal Services Payment Order (lspo)

Legal Issues

  1. 1 Whether delay bars financial remedies claim
  2. 2 Whether ongoing financial support affects entitlement
  3. 3 Whether applicant should be held to deed of separation

Ratio Decidendi

Delay does not bar the applicant's claim for financial remedies; ongoing financial support by respondent for over 20 years reduces the significance of delay and strengthens applicant's claim. Interim maintenance and LSPO are reasonable given applicant's dependency, respondent's wealth, and inability to access other funds.

Court Disposition

Interim maintenance and LSPO granted.

Orders

  • Respondent to pay applicant £8,500 per month, backdated to date of application; arrears to be paid by 4pm on 3 August 2023.
  • Respondent to pay applicant £200,000 by way of LSPO in equal monthly instalments until FDR; first payment by 4pm on 3 August 2023.