Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email emma.reitano@lexisnexis.co.uk.
A day in the life Of...
Read on

Something to be done: after J v J

Date:19 JAN 2015
Third slide
Solicitor Advocate

Excessive cost of ancillary relief litigation

In J v J [2014] EWHC 3654 (Fam) Mostyn J took the opportunity to berate lawyers for their expenditure on proceedings for ancillary relief (as the judge says this remains the statutory term for financial provision following divorce). Mainly he was concerned at excessive expenditure on accountancy evidence and the scale of the bundles of documents. The assets totalled around £2 885 000 to be divided in the following proportions said Mostyn J (in italics below – the proportion of the assets to go in costs and accountants fees is shown):

'[58] … from the pre-costs starting point of £2 885 000 the wife will receive £1 123 500 (38.9% of the assets); the lawyers and experts will receive £920 000 (31.9%); and the husband £841 500 (29.2%). These figures speak for themselves. Such a result should not be allowed to happen again.'
In January [2015] Fam Law 73 barrister Ashley Murray raises a ‘practitioner...

Read the full article here.