Currey v Currey (No. 2) [2006] EWCA Civ 1338 – Law Journals

Schedule 1: All in the past?

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 …

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Funding: On the money

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, …

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Costs Allowances: Back-door costs?

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 …

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Costs: A marriage of necessity?

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 …

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Interim Orders: Short-term measures

Kate Elliott reports on the interplay between the validity of a divorce, jurisdiction, and interim orders for maintenance and costs ‘If the non-proceedings divorce was recognisable in this jurisdiction then the wife had no right to apply for relief under Part III, MFPA 1984.’ The decision in MET v HAT [2013] raises interesting issues as …

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Legal Services Orders: Setting boundaries

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 …

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Legal Costs: Brave new world?

David Lister looks at a recent Schedule 1 decision and compares and contrasts A v A costs allowances with the new legal services orders ‘A “costs allowance” is not a “costs order”, and so falls outside the provisions of the FPR 2010 that there will generally be no order as to costs.’ In the Schedule …

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