SM v BA

SM v BA

The applicant is entitled to a legal services payment order for historic and future costs relating to ongoing financial remedy and FLA 1996 proceedings, as without such payment she would not reasonably be able to obtain appropriate legal services. No deduction for standard basis of assessment is appropriate for historic costs; a reasonable figure for future costs is assessed in the round. Costs for concluded FLA 1996 proceedings and the MPS application are not recoverable at this stage. The respondent's ability to pay is established by available liquid assets.

Parties
Applicant: SM; Respondent: BA
Jurisdiction
England and Wales
Judgment Date
17 January 2025
Procedural Posture
Family Law Legal Services Payment Order / Interim Application Determination
Outcome
Legal services payment order granted in part; quantum reduced from amount sought.
Legal Topics
Legal Services Payment Order, Maintenance Pending Suit, Occupation Order, Costs Funding, Financial Remedy, Domestic Abuse
Family Law Legal Services Payment Order Maintenance Pending Suit Occupation Order Costs Funding Financial Remedy Domestic Abuse

Case Brief

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Parties

SM

Applicant

BA

Respondent

Procedural Posture

Family Law Legal Services Payment Order / Interim Application Determination

Legal Issues

  1. 1 Whether the applicant is entitled to a legal services payment order for historic and future legal costs
  2. 2 Appropriateness of deductions for standard basis of assessment in LSPOs
  3. 3 Whether costs for concluded proceedings and third occupation order should be funded

Ratio Decidendi

The applicant is entitled to a legal services payment order for historic and future costs relating to ongoing financial remedy and FLA 1996 proceedings, as without such payment she would not reasonably be able to obtain appropriate legal services. No deduction for standard basis of assessment is appropriate for historic costs; a reasonable figure for future costs is assessed in the round. Costs for concluded FLA 1996 proceedings and the MPS application are not recoverable at this stage. The respondent's ability to pay is established by available liquid assets.

Court Disposition

Legal services payment order granted in part; quantum reduced from amount sought.

Orders

  • Respondent to pay applicant's solicitors £177,975 for historic financial remedy costs within 21 days.
  • Respondent to pay £500,000 for future financial remedy costs in four equal tranches of £115,000 from 1st February to 1st May 2025.