MT v VA (Second Application: Legal Services Provision order)

MT v VA (Second Application: Legal Services Provision order)

The applicant cannot reasonably obtain legal services without further funding; the respondent, despite claims of financial pressure, has access to family resources sufficient to meet the order; the complexity and ongoing nature of the litigation justifies a further LSPO; the sum sought is proportionate and necessary to enable the applicant to participate effectively and potentially narrow the issues for settlement.

Parties
Applicant: MT; Respondent: VA
Jurisdiction
England and Wales
Judgment Date
22 October 2020
Procedural Posture
Financial Remedy (family) / Interlocutory Application for Legal Services Payment Order (second Application)
Outcome
Application granted
Legal Topics
Legal Services Payment Order, Matrimonial Causes, Financial Remedies, Prenuptial Agreements, Disclosure, Litigation Funding
Family Law Legal Services Payment Order Matrimonial Causes Financial Remedies Prenuptial Agreements Disclosure Litigation Funding

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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

MT

Applicant

VA

Respondent

Procedural Posture

Financial Remedy (family) / Interlocutory Application for Legal Services Payment Order (second Application)

Legal Issues

  1. 1 Whether the applicant (H) should be granted a further Legal Services Payment Order (LSPO) under s.22ZA Matrimonial Causes Act 1973
  2. 2 Whether the respondent (W) has the means to pay the LSPO
  3. 3 Whether the applicant can obtain legal services without the order

Ratio Decidendi

The applicant cannot reasonably obtain legal services without further funding; the respondent, despite claims of financial pressure, has access to family resources sufficient to meet the order; the complexity and ongoing nature of the litigation justifies a further LSPO; the sum sought is proportionate and necessary to enable the applicant to participate effectively and potentially narrow the issues for settlement.

Court Disposition

Application granted

Orders

  • Respondent (W) to pay applicant (H) £95,000 as a Legal Services Payment Order, in two instalments: £58,000 by 9 November 2020 and £37,000 by 1 December 2020, both to JMW Solicitors LLP.
  • Order is without prejudice to either party's right to seek reconsideration of costs at the conclusion of proceedings.