Cases Archive

Michael (leading Tom Haggie) was wholly successful in persuading the Court of Appeal in Faraj v Ahmad and IIB Group Holdings WLL, to make the first known instance of an unless order or Hadkinson order being made on an appeal of a Legal Services Payment Order (LSPO). The case underscores the courts’ willingness to ensure equality of arms in financial remedy litigation, even at the appellate level.

The application concerned the setting aside of decree nisi arising from a bigamous marriage.

David represented a wife declined to move out of the family home following an order for sale at the conclusion of financial remedy proceedings. The unusual aspect was that the final order included an undertaking given by the wife that she would move out even if the property were not yet sold and the lump sum ordered not yet paid to her. The husband applied to enforce the undertaking; the wife argued that, as events turned out, she had nowhere else to go and should be released from her undertaking pending sale. The question was whether she should be released and, if not, whether a committal order could or should be made against her.

David represented a father of children with various learning and other difficulties, in a case centring on whether adequate specialist support could be provided to the parents to care for the children.

David represented a mother of older children in proceedings where significant issues were raised as to her ability to perceive and manage risks to the children’s safety. The live issues were whether the children should remain with the mother; if not, the amount of contact the children should have with her and each other; and arrangements for family therapy unavailable on the NHS.

David represented a party who, having been registered as the child’s biological father, was subsequently demonstrated not to be. The question was whether a welfare analysis is required before the party’s parental responsibility may be removed.

Deputy High Court Judge Richard Todd KC thanked both Michael Glaser KC and Dominic Brazil and their legal teams for all their considerable assistance in what is a far from a straightforward case around agreeing ongoing funds for the legal process.

Michael Glaser KC, on behalf of the wife, argued that the husband had greater worth than was being declared. Dominic Brazil, acting in a direct access capacity, refuted such claims. The case centred on how to secure funding for legal advice and representation in the ongoing financial dispute. The  case breaks new ground in the development of orders for Legal Services Orders and how to secure such payments.

James Mulholland led by Richard Harrison KC successfully opposed an application before the President of the Family Division for children to be separately represented by a Solicitor Guardian; they already had representation from a CAFCASS Guardian and Solicitor in a Hague abduction matter and a summary return order had already been made.