SM v BA judgment now available

Judgment on SM v BA (Legal Services Payment Order) [2025] EWFC 7 is now available on BAILII.

Deborah Bangay KC instructed by Katherine Rayden, Lehna Gardiner, Emily Watson and Yash Chawhan at Rayden Solicitors was for the applicant.

W sought a LSPO order in respect of outstanding and estimated future legal costs relating to financial remedy proceedings, MPS and FLA 1996 proceedings. H had made an offer to meet W’s fees to the sum of £250,000, on the condition that W would not seek any further sums for costs prior to the pFDR.

W was ultimately awarded a total of £752,975 in relation to historic costs, future financial remedy costs, and FLA costs. The judge determined that it was not appropriate to make a standard assessment discount in relation to historic costs, considering that the court should start from a presumption that costs have been properly incurred and therefore should be met under the LSPO absent sufficient evidence to the contrary.

The MPS element of W’s costs is to be considered at the adjourned MPS hearing on 11 February.

The judgment can be read here.

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