(Family Division, Bennett J, 4 February 2010)
During protracted divorce proceedings in relation to finances and the children an assessment concluded that the husband lacked capacity to litigate and, therefore, the Official Solicitor acted on his behalf.
The Official Solicitor thereafter sought to recover costs of approximately £95,000. The husband resisted the claim on the basis that the Official Solicitor should have sought public funding on his behalf.
In making the costs order the court held that there was no obligation on the Official Solicitor to seek public funding, nor for the wife to part pay the Official Solicitor costs.