header-logo header-logo

A heavy cost? (Pt 2)

20 June 2013 / David Burrows
Categories: Features , Family , Costs , Jackson , LASPO 2012
printer mail-detail

David Burrows continues his review of how LASPO has influenced the funding landscape of family litigation

Costs allowances—or “funding” allowances—can provide a more fertile area for funding legal representation for family proceedings, than do legal services orders (LSOs) (considered in Pt 1 and only available for proceedings under Matrimonial Causes Act 1973 (MCA 1973)). The cross-over between the provisions in the statutes referred to below, the limitations of Child Support Act 1991 (CSA 1991), s 8 and the rigidity of MCA 1973, will provide satellite litigation in difficult statutory cross-currents, which reflect no credit on family law administrators. They will prove unhelpful to the impoverished parent, especially where she has to prepare her own application and to follow the points set out below. In what follows it will be assumed that the applicant for the order is female.

A LSO may be available to an applicant spouse (generally the wife) in circumstances tightly controlled by statute (MCA 1973, ss 22ZA

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll