JK v LM

JK v LM

The mother is entitled to a legal services payment order, subject to a 15% deduction for notional detailed assessment, due to her lack of means and the father's significant undisclosed wealth. A freezing order and property restriction are justified due to evidence of asset dissipation and risk to the applicant's...

Source-derived case information.

Parties
Applicant: JK; Respondent: LM
Jurisdiction
England and Wales
Judgment Date
13 June 2024
Procedural Posture
Family / Interlocutory Judgment on Applications for Legal Services Payment Order, Freezing Order, Property Restriction, and Directions
Outcome
Applications granted in part
Legal Topics
Legal Services Payment Order, Freezing Order, Property Restriction, Schedule 1 Children Act 1989, Section 8 Children Act 1989, Asset Dissipation, Equality of Arms
Family Law Child Law Civil Procedure Legal Services Payment Order Freezing Order Property Restriction Schedule 1 Children Act 1989 Section 8 Children Act 1989 +2 more

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Summary, issues, holding and outcome

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Parties

JK

Applicant

LM

Respondent

Procedural Posture

Family / Interlocutory Judgment on Applications for Legal Services Payment Order, Freezing Order, Property Restriction, and Directions

Legal Issues

  1. 1 Whether the applicant is entitled to a legal services payment order to fund litigation
  2. 2 Whether a freezing order should be granted to preserve assets
  3. 3 Whether a restriction should be entered against the Richmond property

Ratio Decidendi

The mother is entitled to a legal services payment order, subject to a 15% deduction for notional detailed assessment, due to her lack of means and the father's significant undisclosed wealth. A freezing order and property restriction are justified due to evidence of asset dissipation and risk to the applicant's claim. Directions are given to progress the Schedule 1 claim.

Court Disposition

Applications granted in part

Orders

  • Legal services payment order granted to the mother with a 15% deduction across the board
  • Freezing order granted over £5m of father's assets in England and Wales