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Evidence, Practice and Procedure: Legal services orders (per LASPOA 2012)

Date:12 APR 2013

David Burrows - Practice of Family Law: Evidence and Procedure

David BurrowsWith effect from 1 April 2013 Legal Aid and Sentencing of Offenders Act 2012 s 49(2) introduced a new Matrimonial Causes Act 1973 s 22ZA whilst s 49(1) symbolically (for reasons explained further below) made unlawful orders for maintenance pending suit orders (MCA s 22) to make any provision for legal services (formerly often known as costs allowances). MCA 1973 s 22ZB sets out the factors the court takes into account in dealing with a legal services order. Parallel provisions apply under Civil Partnership Act 2004 Sch 5. These provisions only apply to certain forms of proceedings (financial remedy proceedings and divorce/dissolution) under MCA 1973 and CPA 2004: for all other sets of family proceedings (and perhaps others: eg Inheritance (Provision for Family and Dependants) Act 1975) costs allowances survive; and if the common law works better than statute (subject to arguments akin to Wicks v Wicks [1998] 1 FLR...

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