LKH v TQA AL Z (Interim maintenance and pound for pound costs funding), Court of Appeal - Family Division, July 24, 2018, [2018] EWHC 2436 (Fam)

Resolution Date:July 24, 2018
Issuing Organization:Family Division
Actores:LKH v TQA AL Z (Interim maintenance and pound for pound costs funding)
 
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Neutral Citation Number: [2018] EWHC 2436 (Fam)

Case No. FD18F00010

IN THE HIGH COURT OF JUSTICE

FAMILY DIVISION

IN THE MATTER OF AN APPLICATION UNDER PART III

OF THE MFPA 1984

AND IN THE MATTER OF AN APPLICATION FOR INTERIM MAINTENANCE

Royal Courts of Justice

Date: Tuesday 24 July 2018

Before:

MR JUSTICE HOLMAN

(In Public)

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B E T W E E N :

LKH Applicant

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TQA AL Z Respondent

(Interim maintenance and pound for pound costs funding)

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MR S WEBSTER (instructed by Payne Hicks Beach) appeared on behalf of the Applicant.

MR C HALE QC (instructed by Messrs Stewarts) appeared on behalf of the Respondent.

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J U D G M E N T

MR JUSTICE HOLMAN:

1 This case was previously before me on 19 April 2018 and 1 May 2018. At the hearing on April 2018 I gave a public judgment which has been transcribed and publicly reported on Bailii under [2018] EWHC 1214 (Fam). I will not repeat anything which I said in that judgment, and the present judgment should be regarded as in continuation of it. I regret to say that the facts as presented to me today, just over three months since that judgment and order, reveal a grave picture of non-compliance by the husband with the orders made on 19 April 2018 and earlier orders.

2 The husband was long ago required to file and serve what is called a Form E giving full disclosure of his financial means by 27 March 2018. By a later order made by me on 1 May 2018 the date for filing and serving that Form E was (by consent) extended to 15 May 2018. We are now over two months on from that date and still the husband has not filed and served any Form E at all. There is a witness statement by him signed today, 24 July 2018, in which he says that he has had various difficulties in assembling the information required to file and serve a Form E and the required disclosure of documents, and says that he will now do so within a further three weeks.

3 In reliance upon that statement, Mr Charles Hale QC, the leading counsel who has appeared on behalf of the husband at most, if not all, previous hearings, and appears on behalf of him today, frankly accepts the breach, but asks for a further three weeks in which to file and serve the Form E.

4 The husband was previously represented by a well-known and indeed prestigious firm of London solicitors known as Vardags. On or about 24 June 2018, for reasons unknown to me (and which may well...

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