US v SR

US v SR

The wife has discharged the burden of establishing inability to fund her own costs from other sources, including commercial loans, and is entitled to a legal services payment order for £127,577 from the Jersey account. The husband has sufficient liquid assets outside the Jersey account and is not entitled to further release for his own costs.

Parties
Applicant: US; Respondent: SR
Jurisdiction
England and Wales
Judgment Date
11 June 2014
Procedural Posture
Financial Remedy Application / Interlocutory Application for Legal Services Payment Order
Outcome
Application by wife granted; application by husband refused.
Legal Topics
Legal Services Payment Order, Financial Provision, Costs Funding, Disclosure Obligations
Family Law Legal Services Payment Order Financial Provision Costs Funding Disclosure Obligations

Case Brief

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Parties

US

Applicant

SR

Respondent

Procedural Posture

Financial Remedy Application / Interlocutory Application for Legal Services Payment Order

Legal Issues

  1. 1 Whether the wife is entitled to a legal services payment order for her ongoing and historic legal costs
  2. 2 Whether the husband should be permitted release of funds for his own legal costs
  3. 3 Whether the wife has discharged the burden of showing inability to fund litigation from other sources

Ratio Decidendi

The wife has discharged the burden of establishing inability to fund her own costs from other sources, including commercial loans, and is entitled to a legal services payment order for £127,577 from the Jersey account. The husband has sufficient liquid assets outside the Jersey account and is not entitled to further release for his own costs.

Court Disposition

Application by wife granted; application by husband refused.

Orders

  • Release of £127,577 to wife's solicitors from the Jersey account, less any sums from sale of BMW vehicle.
  • No release of £60,000 to husband from Jersey account for his own costs.