Z (Schedule 1: Legal Costs Funding Order; Interim Financial Provision)

Z (Schedule 1: Legal Costs Funding Order; Interim Financial Provision)

The court found that the mother was entitled to a legal costs funding order for incurred and future costs with her current solicitors, as she had no other legitimate funding source and the firm had reached its tolerance. However, no award was made for historic costs with previous firms. For interim financial provision, the court awarded sums to enable the mother and Zoe to live in London at a good-to-luxurious standard, but at a level lower than claimed, finding the mother’s proposals excessive. The court balanced the need for proper provision for Zoe with proportionality and reasonableness, applying a broad-brush approach to the interim budget.

Parties
Applicant: X; Respondent: X
Jurisdiction
England and Wales
Judgment Date
26 November 2020
Procedural Posture
Schedule 1 Children Act 1989 Proceedings / Interim Applications for Legal Costs Funding and Interim Financial Provision
Outcome
Interim orders granted in part; legal costs funding order and interim financial provision awarded at reduced levels.
Legal Topics
Schedule 1 Children Act 1989, Interim Financial Provision, Legal Costs Funding Order, Child Maintenance, Jurisdiction, Standard of Living for Child, Equality of Arms
Family Law Child Law Schedule 1 Children Act 1989 Interim Financial Provision Legal Costs Funding Order Child Maintenance Jurisdiction Standard of Living for Child +1 more

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Parties

X

Applicant

X

Respondent

Procedural Posture

Schedule 1 Children Act 1989 Proceedings / Interim Applications for Legal Costs Funding and Interim Financial Provision

Legal Issues

  1. 1 Whether the applicant mother is entitled to a legal costs funding order for ongoing and incurred legal costs
  2. 2 What is the appropriate level of interim financial provision for the child Zoe, including accommodation, nanny, and living expenses
  3. 3 Whether the mother’s claims for costs and maintenance are reasonable and proportionate given the parties’ circumstances

Ratio Decidendi

The court found that the mother was entitled to a legal costs funding order for incurred and future costs with her current solicitors, as she had no other legitimate funding source and the firm had reached its tolerance. However, no award was made for historic costs with previous firms. For interim financial provision, the court awarded sums to enable the mother and Zoe to live in London at a good-to-luxurious standard, but at a level lower than claimed, finding the mother’s proposals excessive. The court balanced the need for proper provision for Zoe with proportionality and reasonableness, applying a broad-brush approach to the interim budget.

Court Disposition

Interim orders granted in part; legal costs funding order and interim financial provision awarded at reduced levels.

Orders

  • No award for legal costs incurred with firms no longer instructed or whose work is paused.
  • Legal costs already incurred with current solicitors (Hunters): £60,504 to be paid by 10 December 2020.