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England and Wales High Court (Family Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> LKH v TQA AL Z (Interim maintenance and costs funding) [2018] EWHC 1214 (Fam) (19 April 2018) URL: http://www.bailii.org/ew/cases/EWHC/Fam/2018/1214.html Cite as: [2018] 2 FCR 768, [2018] 3 Costs LR 519, [2018] EWHC 1214 (Fam) |
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FAMILY DIVISION
IN THE MATTER OF AN APPLICATION UNDER PART III
OF THE MFPA 1984
AND IN THE MATTER OF AN APPLICATION FOR INTERIM MAINTENANCE
B e f o r e :
(sitting in public)
____________________
LKH |
Applicant |
|
- and - |
||
TQA AL Z |
Respondent |
(Interim maintenance and costs funding)
____________________
MR C. HALE QC (instructed by Vardags) appeared on behalf of the respondent.
____________________
Crown Copyright ©
MR JUSTICE HOLMAN:
"Children's expenses not already covered by the respondent, such as weekend excursions and activities, taxis, eating out, and gifts for friends …"
for which a further £2,000 per month is claimed.
"… the exercise essentially looks to the future. It is important that the jurisdiction is not used to outflank or supplant the powers and principles governing an award of costs … It is not a surrogate inter partes costs jurisdiction. Thus a LSPO should only be awarded to cover historic unpaid costs where the court is satisfied that without such a payment the applicant will not reasonably be able to obtain in the future appropriate legal services for the proceedings."
"This is not a case where her lawyers are saying that they will down tools unless they are paid outstanding costs as well as being funded for the future. Were her application to be granted it would represent a very dangerous subversion of the exclusivity of the inter partes costs powers and principles … Such a development must be stopped in its tracks."
MR JUSTICE HOLMAN
MR HALE: £7,500.
CERTIFICATE Opus 2 International Ltd. hereby certifies that the above is an accurate and complete record of the proceedings or part thereof. Transcribed by Opus 2 International Ltd. (Incorporating Beverley F. Nunnery & Co.) Official Court Reporters and Audio Transcribers 5 New Street Square, London EC4A 3BF Tel: 020 7831 5627 Fax: 020 7831 7737 civil@opus2.digital This transcript is subject to Judge's approval |