Polly Atkins reviews guidance on applications for security for costs and the circumstances in which such orders may be appropriate While in civil proceedings the proceedings are often stayed pending payment of the security, this is not workable where payments are monthly and may in any event be inappropriate in family cases. With the recent …
Continue reading "Security for costs: Balancing factors"
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Nigel Shepherd looks at litigation funding in family cases and the key regulatory and practice guidance relevant for such funding arrangements It may be safe to explain the key aspects of the litigation funding, but the lawyer should not offer or attempt to give any detailed financial or technical advice. Family lawyers are committed to …
Continue reading "Litigation funding: Levelling the field"
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Rebecca Stone analyses legal costs orders involving both historic and future costs The judgment in Re Z highlights the importance of solicitors applying for legal funding as early as possible, considering what credit, if any, they are prepared to extend to a client, and making it clear to clients from the outset they will cease …
Continue reading "Schedule 1: All in the past?"
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Matt Foster looks at the options for funding legal services, via family or commercial loans or by way of a legal services order It is rare for incurred costs to be granted in full by an LSO so a stand-alone costs order for at least part of the balance is welcome. Even in big-money cases, …
Continue reading "Funding: On the money"
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Wills & Trusts Law Reports | Autumn 2019 #176The Claimant had been in a relationship with the deceased for about fifteen years up to his death on 26 June 2016. She brought a claim against the estate for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975 (‘1975 Act’) in October 2017. The Claimant’s case was that there were significant periods of cohabitation during which the deceased supported her financially and that she was therefore a dependent within the meaning of s1(1)(e) of the 1975 Act. This was disputed by the Defendants and the matter was listed fo...
Che Meakins assesses the difference between costs already incurred and those required to fund future litigation on an application for a legal services payment order ‘The decision in BC v DE is a clear reminder that an application in relation to costs incurred in the earlier stages of financial remedy proceedings is perfectly legitimate.’In BC …
Continue reading "Costs Allowances: Back-door costs?"
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Chrissie Cuming Walters explores the interrelationship between costs allowances and legal services orders ‘The difference between legal services orders and costs allowance orders is that the former is subject to the application of more stringent statutory principles while the latter remains open to wider judicial interpretation and discretion.’The terms ‘costs allowance order’ and ‘legal services …
Continue reading "Costs: A marriage of necessity?"
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Frances Bailey and Adrian Clossick look at the potential impact of the Supreme Court decision in Wyatt v Vince ‘Successful applications [for financial provision] after a lengthy period of separation are likely to be rare and in the authors’ view limited to cases where (per Rossi) “there has been a very good reason for the …
Continue reading "Financial Provision: Limited consequences?"
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Richard Adams considers applications for legal services orders and the guidance available from the courts ‘When applying for a legal services order it is fundamental that such applications are only made to obtain costs to allow the applicant to obtain legal services in respect of ongoing and future proceedings.’ The decision of Mostyn J in …
Continue reading "Legal Services Orders: Setting boundaries"
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