Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

The costs allowance ‘revolution’ in proceedings for financial relief

Sep 29, 2018, 18:34 PM
Slug : Commins-DecFLJ2012
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 6, 2012, 00:30 AM
Article ID : 100977

Andrew Commins

Barrister, St John's Chambers, Bristol:

Buried deep in The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) are provisions that will change the way practitioners approach costs allowances as inherent components of claims for 'maintenance' pending suit. LASPO rids the law of costs allowances and introduces the replacement 'order for payment in respect of legal services'. LASPO creates an explicit statutory regime governing the payment by one party to enable another to fund legal advice and representation in matrimonial and civil partnership proceedings. Some provisions codify the judicial guidance that has developed in relation to claims for costs allowances, while LASPO also introduces a new set of factors to guide the court's discretionary exercise, which increase the focus on the applicant's conduct. The relevant sections of LASPO are due to come into force in April 2013. This article considers the current law applicable to a claim for a costs allowance as part of a maintenance pending suit application and highlights the significant changes introduced by LASPO.

The full version of this article appears in the December 2012 issue of Family Law.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from