Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

21 DEC 2005

ANCILLARY RELIEF: C v C (Maintenance Pending Suit: Legal Costs) [2006] FLR (forthcoming)

(Family Division; Hedley J; 21 December 2005)

Considering Moses-Taiga v Taiga [2005] EWCA Civ 1013, [2006] 1 FLR 1074 in which the Court of Appeal had approved the inclusion of legal costs in awards of maintenance pending suit provided that the case had been demonstrated to be exceptional, the judge noted that in one sense all big money cases were exceptional. The jurisdiction to include legal costs in awards of maintenance pending suit was not restricted to the situation outlined in Moses-Taiga of an applicant with no assets, unable to give security for borrowings. Thorpe LJ was giving one exceptional scenario, not defining the only circumstances in which the jurisdiction could be exercised. The facts of the instant case, involving a 15-year marriage, two minor children, a situation in which the vast bulk of the assets were under the control of one party, whose extent needed to be investigated, made this case exceptional and permitted the court to add a costs component to maintenance pending suit. The only means by which the wife could herself raise money for legal costs was further mortgaging her interest in the former matrimonial home, thereby risking her and the children's occupation of the home.

Red Book Plus

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Subscribe to our newsletters