header-logo header-logo

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

On an equal footing

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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll