IN THE MATTER OF AN APPLICATION UNDER PART III
OF THE MFPA 1984
AND IN THE MATTER OF AN APPLICATION FOR INTERIM MAINTENANCE
B e f o r e :
(sitting in public)
|TQA AL Z
(Interim maintenance and costs funding)
MR C. HALE QC (instructed by Vardags) appeared on behalf of the respondent.
Crown Copyright ©
MR JUSTICE HOLMAN:
"Children's expenses not already covered by the respondent, such as weekend excursions and activities, taxis, eating out, and gifts for friends …"
for which a further £2,000 per month is claimed.
"… the exercise essentially looks to the future. It is important that the jurisdiction is not used to outflank or supplant the powers and principles governing an award of costs … It is not a surrogate inter partes costs jurisdiction. Thus a LSPO should only be awarded to cover historic unpaid costs where the court is satisfied that without such a payment the applicant will not reasonably be able to obtain in the future appropriate legal services for the proceedings."
"This is not a case where her lawyers are saying that they will down tools unless they are paid outstanding costs as well as being funded for the future. Were her application to be granted it would represent a very dangerous subversion of the exclusivity of the inter partes costs powers and principles … Such a development must be stopped in its tracks."
MR JUSTICE HOLMAN
MR HALE: £7,500.
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