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(Court of Appeal, Thorpe, Jackson, Tomlinson LJJ, 13 June 2013)
During the course of financial remedy proceedings the wife was awarded an A v A order of £125,000 representing past and future legal fees. The Court of Appeal allowed the husband's appeal and set aside the A v A order and the husband sought repayment of the sums paid to the wife.
The case was distinguishable from the authorities upon which the wife had relied. The wife had not failed at trial on the substantive issues but in respect of the A v A order itself. It was clear that if the husband's challenge of the order had been successful sooner then the two instalments in question would not have been paid. The wife's solicitors had been aware of the husband's appeal proceedings and therefore that there was an element of risk in their future conduct of the litigation.
The husband was entitled to an order for the return of the sums paid under the A v A order from the date upon which it had been apparent that the security provided by that order had been vulnerable to appeal, namely, when the husband had filed his application to the Court of Appeal for permission to appeal.