C v S [2003] JRC 104 (26 June 2003)

C v S [2003] JRC 104 (26 June 2003)

The Registrar was correct to order maintenance pending suit including provision for legal fees, given the wife's financial dependence and inability to fund her legal representation, and the payments should be credited against any lump sum ultimately awarded.

Citation
[2003] JRC 104
Parties
Appellant: S; Respondent: wife
Jurisdiction
Jersey
Judgment Date
26 June 2003
Procedural Posture
Family Law Appeal / Appeal From Family Registrar's Order
Outcome
appeal dismissed
Legal Topics
Maintenance Pending Suit, Provision for Legal Fees, Ancillary Relief, Divorce
Family Law Maintenance Pending Suit Provision for Legal Fees Ancillary Relief Divorce

Case Brief

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Parties

S

Appellant

wife

Respondent

Procedural Posture

Family Law Appeal / Appeal From Family Registrar's Order

Legal Issues

  1. 1 Whether maintenance pending suit can include provision for legal fees
  2. 2 Whether such orders should be reserved for exceptional cases
  3. 3 Whether interim payments for legal fees should be credited against any ultimate liability for costs

Ratio Decidendi

The Registrar was correct to order maintenance pending suit including provision for legal fees, given the wife's financial dependence and inability to fund her legal representation, and the payments should be credited against any lump sum ultimately awarded.

Court Disposition

appeal dismissed

Orders

  • husband to pay costs of and incidental to this appeal on the standard basis