header-logo header-logo

On an equal footing

15 August 2014 / Edward Heaton
Issue: 7619 / Categories: Features , Family
printer mail-detail
specialist_family_heaton

Family practitioners must always have one eye on the court’s overriding objective, says Ed Heaton

In AM v SS [2013] EWHC 4380 (Fam), the wife was 28 and the husband was 45. They had married in 2007 and had one child who was nearly five at the time of the hearing. The marriage had been short lived and had ended in 2009. There followed ongoing litigation resulting in total costs of around £450,000. According to the husband, this total far exceeded the parties’ resources. The wife argued, however, that they represented a just small percentage of them.

On 11 April 2011, the husband was ordered to pay maintenance pending suit to the wife of £8,000 per month. This was subsequently varied downwards on 5 August 2011 to £5,500 per month (with a payment for arrears fixed at £10,200). In December 2012, the wife made an application for an order for maintenance pending suit in respect of her costs. At the time of her application, she owed £39,000, and it was estimated

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
back-to-top-scroll