LP v AE

LP v AE

The judge erred by considering irrelevant factors and failing to account for the complexity and ongoing nature of the proceedings. The appeal is allowed; the mother is entitled to a LSPO covering both solicitors and counsel for ongoing and future hearings, with quantum adjusted to reflect reasonable costs and timing.

Parties
Appellant: LP; Respondent: AE
Jurisdiction
England and Wales
Judgment Date
29 June 2020
Procedural Posture
Family Appeal / Judgment on Appeal Against Refusal of Legal Services Payment Order
Outcome
appeal allowed
Legal Topics
Legal Services Payment Order, Child Arrangements, Costs in Family Proceedings
Family Law Legal Services Payment Order Child Arrangements Costs in Family Proceedings

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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

LP

Appellant

AE

Respondent

Procedural Posture

Family Appeal / Judgment on Appeal Against Refusal of Legal Services Payment Order

Legal Issues

  1. 1 Whether the refusal of a Legal Services Payment Order (LSPO) was correct
  2. 2 Appropriate quantum and timing for LSPO
  3. 3 Parity and fairness in legal representation between parties

Ratio Decidendi

The judge erred by considering irrelevant factors and failing to account for the complexity and ongoing nature of the proceedings. The appeal is allowed; the mother is entitled to a LSPO covering both solicitors and counsel for ongoing and future hearings, with quantum adjusted to reflect reasonable costs and timing.

Court Disposition

appeal allowed

Orders

  • Legal Services Payment Order granted to the mother for £30,000 inclusive of VAT for past costs up to 16 December 2019
  • Legal Services Payment Order granted for £40,000 plus VAT for future costs through to the end of proceedings, broken down between July and September hearings