Date of Case: 16 August 2021
Case Reference: [2021] EWFC 72

Marina Faggionato and Janine McGuigan acted for the father at an interim hearing in a Schedule 1 claim.

The issues before Cobb J at this hearing included the mother’s applications for interim financial provision and further contributions to her legal costs. Cobb J had made interim orders at an earlier hearing in November, after which the child was diagnosed with heart disease and the parties had engaged in parallel welfare / medical proceedings which had contributed to an over-spend by the mother on her previous award. 

Cobb J expressed reservations about the proliferating expenditure on legal fees and, of particular note for practitioners, he emphasised the need for lawyers to pay due regard to the budgets set by the court when making legal costs funding orders. He restricted the recovery of the mother of the shortfall in her historic costs to two-thirds, and made a further award to cover her costs to FDR. Cobb J awarded an additional sum to cover the costs of mediation on outstanding welfare issues.

Bailii report: https://www.bailii.org/ew/cases/EWFC/HCJ/2021/72.html