M v T

M v T

The court has jurisdiction under Schedule 1 to order interim payments for legal costs for the benefit of children, and such payments are not excluded as a matter of jurisdiction. The discretion must be exercised to ensure the payments are genuinely for the children's benefit and not to satisfy the applicant's taste for litigation. The application for a later start date for classroom assistant payments and for reduction in quantum is refused. Extension of time for payment is granted for 14 days, with sanctions imposed for non-payment.

Parties
Applicant: M; Respondent: T
Jurisdiction
England and Wales
Judgment Date
11 May 2006
Procedural Posture
Family / Post Interlocutory Review, Judgment on Outstanding Issues and Enforcement
Outcome
Application for later start date refused; quantum not revisited; extension of time for payment granted; sanctions imposed for non-payment.
Legal Topics
Schedule 1 Children Act, Interim Payments, Legal Costs, Jurisdiction, Enforcement of Orders
Family Law Child Law Schedule 1 Children Act Interim Payments Legal Costs Jurisdiction Enforcement of Orders

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Parties

M

Applicant

T

Respondent

Procedural Posture

Family / Post Interlocutory Review, Judgment on Outstanding Issues and Enforcement

Legal Issues

  1. 1 Whether the court has jurisdiction under Schedule 1 to order interim payments for legal costs for the benefit of children
  2. 2 Whether the payment for a classroom assistant should have a later start date
  3. 3 Whether the quantum of interim payments should be revisited

Ratio Decidendi

The court has jurisdiction under Schedule 1 to order interim payments for legal costs for the benefit of children, and such payments are not excluded as a matter of jurisdiction. The discretion must be exercised to ensure the payments are genuinely for the children's benefit and not to satisfy the applicant's taste for litigation. The application for a later start date for classroom assistant payments and for reduction in quantum is refused. Extension of time for payment is granted for 14 days, with sanctions imposed for non-payment.

Court Disposition

Application for later start date refused; quantum not revisited; extension of time for payment granted; sanctions imposed for non-payment.

Orders

  • Order to pay £1,607.40 per month for classroom assistant to solicitors for the mother, with receipted invoices provided.
  • Capital sum of £250,000 to be paid within 14 days from 10th May as final extension.