PG v TW (No.1) (Child: Financial Provision: Legal Funding)

PG v TW (No.1) (Child: Financial Provision: Legal Funding)

Given the applicant's lack of other effective funding, the respondent's significant means, and the need for the applicant to participate effectively in the litigation, the court should exercise its discretion to order the respondent to pay further sums towards the applicant's legal costs, subject to proportionality and reasonableness, and structured in tranches for historical and future costs.

Parties
Applicant: PG; Respondent: TW
Jurisdiction
England and Wales
Judgment Date
04 May 2012
Procedural Posture
Schedule 1 Children Act 1989 Application (financial Provision for Child) / Interlocutory Application for Legal Funding (a V a Order)
Outcome
Application for legal funding (A v A order) granted in part.
Legal Topics
Schedule 1 Children Act 1989, Legal Funding for Litigation, Jurisdiction in Child Financial Provision, Costs in Family Proceedings
Family Law Child Law Schedule 1 Children Act 1989 Legal Funding for Litigation Jurisdiction in Child Financial Provision Costs in Family Proceedings

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Parties

PG

Applicant

TW

Respondent

Procedural Posture

Schedule 1 Children Act 1989 Application (financial Provision for Child) / Interlocutory Application for Legal Funding (a V a Order)

Legal Issues

  1. 1 Whether the court should order the respondent to fund or contribute to the applicant's legal costs (A v A order)
  2. 2 Whether the applicant has other effective sources of funding
  3. 3 Appropriate quantum and structure of any legal funding order

Ratio Decidendi

Given the applicant's lack of other effective funding, the respondent's significant means, and the need for the applicant to participate effectively in the litigation, the court should exercise its discretion to order the respondent to pay further sums towards the applicant's legal costs, subject to proportionality and reasonableness, and structured in tranches for historical and future costs.

Court Disposition

Application for legal funding (A v A order) granted in part.

Orders

  • Respondent to pay £45,000 towards applicant's historical legal costs (in addition to £35,000 already paid)
  • Allowance of £27,000 for costs relating to strike out and stay applications, payment contingent on whether those applications are pursued