(Family Division; Bodey J; 10 December 2010)
The mother was already awarded £70,000 per annum but made an application for an increase to fund pending contact proceedings brought by the father. The mother argued that without the increase she would be unable to have legal representation for a 5 day hearing. The father argued that the mother was solely responsible for the contact problems.
Mother was awarded £113,000 under Schedule 1 Children Act 1989 to cover her legal costs already incurred. It was for the benefit of the child that she be represented and, despite judicial criticism, her position in the litigation was sufficiently reasonable to justify an award. Her future costs would be dealt with incrementally; £25,000 of the estimated £95,000 would be paid now.