MB v CD

MB v CD

The mother cannot reasonably obtain legal services without the order, as she cannot secure a loan or charge her only property, and her solicitors will not continue to act without payment for past and future costs. The sums sought are excessive, but a reduced order is justified for both financial and Children Act proceedings.

Parties
Applicant: MB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
05 September 2024
Procedural Posture
Application for Legal Services Payment Order (family/financial/children Act) / Ruling on Application for Legal Services Payment Order
Outcome
Application granted in part; legal services payment order made for reduced sums.
Legal Topics
Legal Services Payment Order, Financial Provision, Children Act Proceedings, Enforcement of Financial Orders, Variation of Financial Orders
Family Law Legal Services Payment Order Financial Provision Children Act Proceedings Enforcement of Financial Orders Variation of Financial Orders

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Parties

MB

Applicant

CD

Respondent

Procedural Posture

Application for Legal Services Payment Order (family/financial/children Act) / Ruling on Application for Legal Services Payment Order

Legal Issues

  1. 1 Whether the applicant (mother) meets the statutory test for a legal services payment order under s22ZA Matrimonial Causes Act 1973
  2. 2 Whether the applicant can reasonably obtain appropriate legal services without the order
  3. 3 Whether the applicant can secure a loan or charge assets to fund litigation

Ratio Decidendi

The mother cannot reasonably obtain legal services without the order, as she cannot secure a loan or charge her only property, and her solicitors will not continue to act without payment for past and future costs. The sums sought are excessive, but a reduced order is justified for both financial and Children Act proceedings.

Court Disposition

Application granted in part; legal services payment order made for reduced sums.

Orders

  • Legal services payment order for £60,000 in financial proceedings (£30,000 for past costs, £30,000 for future costs)
  • Legal services payment order for £140,000 in Children Act proceedings (£75,000 for past costs, £65,000 for future costs)