header-logo header-logo

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

A heavy cost? (Pt 2)

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
back-to-top-scroll