H v H

H v H

The court found it reasonable to increase maintenance pending suit by £2,000 per month, require Mr H to pay £65,000 for Mrs H's legal costs by lump sum, and assessed costs payable by Mr H at £5,000, marking his more unreasonable conduct in contesting the proceedings.

Parties
Applicant: Mrs H; Respondent: Mr H
Jurisdiction
England and Wales
Judgment Date
03 December 2015
Procedural Posture
Divorce and Financial Remedy / Interlocutory Hearing on Maintenance Pending Suit and Legal Services Order
Outcome
Maintenance pending suit increased; legal services order granted; costs assessed against Mr H.
Legal Topics
Maintenance Pending Suit, Legal Services Order, Costs Assessment, Jurisdictional Dispute, Financial Remedy Proceedings
Family Law Maintenance Pending Suit Legal Services Order Costs Assessment Jurisdictional Dispute Financial Remedy Proceedings

Case Brief

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Parties

Mrs H

Applicant

Mr H

Respondent

Procedural Posture

Divorce and Financial Remedy / Interlocutory Hearing on Maintenance Pending Suit and Legal Services Order

Legal Issues

  1. 1 Whether maintenance pending suit should be increased for Mrs H
  2. 2 Whether Mr H should pay Mrs H's legal costs by lump sum
  3. 3 Classification of Mr H's bonuses as income or capital

Ratio Decidendi

The court found it reasonable to increase maintenance pending suit by £2,000 per month, require Mr H to pay £65,000 for Mrs H's legal costs by lump sum, and assessed costs payable by Mr H at £5,000, marking his more unreasonable conduct in contesting the proceedings.

Court Disposition

Maintenance pending suit increased; legal services order granted; costs assessed against Mr H.

Orders

  • Mr H to pay Mrs H an additional £2,000 per month maintenance pending suit.
  • Mr H to pay Mrs H £65,000 for legal costs by lump sum within 21 days.