FRJ stage

Legal Services Payment Orders

Notionally Flawed? Notional Assessments in LSPO Applications

Notionally Flawed? Notional Assessments in LSPO Applications

The past weeks have brought two more High Court judgments considering the practice of deducting a percentage from an LSPO applicant’s costs provision by way of a ‘notional standard assessment’. The first, JK v LM [2024] EWHC 1442 (Fam), was a judgment of Cobb J doubling down on the

WJB v HJM [2024] EWFC 116 (B)

https://www.bailii.org/ew/cases/EWFC/OJ/2024/116.html District Judge Ashworth. This was an application by W for a Hadkinson order preventing H from pursuing his application to vary an order for periodical payments made in 2017 (‘the order’). The order provided that H pay W £3,

JK v LM [2024] EWHC 1442 (Fam)

https://www.bailii.org/ew/cases/EWHC/Fam/2024/1442.html Cobb J. The case concerned four applications by the mother for an LSPO to cover the costs of her legal representation in ongoing proceedings under Schedule 1 (where she sought financial provision for the six-year old child) and s

Williams v Williams [2023] EWHC 2479 (Fam)

https://www.judiciary.uk/judgments/committal-for-contempt-of-court-abigail-laura-williams-v-andrew-john-williams/ Moor J: H held in contempt for failing to comply with orders; sentenced to 56 days’ imprisonment, suspended for 28 days, to allow filing of sworn Form E. Background H is exceptionally wealthy with assets held overseas of more than £1bn. H failed to

Xanthopoulos v Rakshina [2024] EWCA Civ 100

https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/100 Bean, King and Moylan LJJ. Costs judgment following the H’s successful appeal – judgment on appeal here, summary of the decision appealed here – during which the court considered applications for costs made by both parties and an LSPO previously made. (Summary

Williams v Williams [2023] EWHC 3098 (Fam)

https://www.bailii.org/ew/cases/EWHC/Fam/2023/3098.html Moor J. Refusal of a Hadkinson order during substantive proceedings. LSPO granted for proceedings and for overseas litigation. Background H is exceptionally wealthy with assets held overseas of more than £1bn. W applied for a Hadkinson order for H’

The Intersection Between LSPOs and Economic Abuse

The Intersection Between LSPOs and Economic Abuse

Recent years have seen increasing awareness of economic abuse, and how the financial remedy process can be manipulated as a tool of such abuse. However, one aspect of this has had little attention: the intersection between economic abuse and LSPOs. The Domestic Abuse Act 2021 includes economic abuse within the