MB v CD
[2024] EWHC 751 (Fam)
JK v LM
23 May 2024
[2024] EWHC 1442 (Fam)
Family Court
A mother sued her wealthy father for money to pay her lawyers, to freeze his assets, and to prevent him selling a property. The judge believed the father was hiding his money and ordered him to pay the mother’s legal fees, freeze his assets, and prevent him selling the property to ensure the mother had a fair chance in court. The judge also suggested they try mediation.
Key Facts
- •JK (mother) applied for legal services payment order, freezing order, property restriction order, and directions on Schedule 1 Children Act 1989 claim against LM (father).
- •Father is a Czech national, lives in Czech Republic, and has a 6-year-old son, N, with the mother.
- •Father significantly reduced financial support to mother and child after mother returned to England.
- •Father threatened to remove N to Czech Republic, leading to prohibited steps order.
- •Mother claims father is wealthy from sale of online payment platform, while father claims modest income and assets held in a recently created trust.
- •Father's financial disclosure was considered insufficient by the court.
- •Father's actions suggested attempts to move assets out of reach of the court.
- •Mother's net income is approximately £2740 per month.
Legal Principles
Court's power to make legal costs funding order in Children Act 1989 proceedings.
Currey v Currey No.2 [2006] EWCA Civ 1336; [2007] 1 FLR 946, CF v KM [2011] 1 FLR 208, sections 22ZA and 22ZB of the Matrimonial Causes Act 1973.
Equality of arms in Children Act 1989 proceedings.
BC v DE [2016] EWHC 1806 (Fam); [2017] 1 FLR 1521
Principles for legal services payment orders (LSPO), including considering payer's ability to pay, availability of litigation loans, and potential repayment.
Rubin v Rubin [2014] EWHC 611 (Fam), MG & JG v JF [2016] 1 FLR 424
Notional deduction for detailed assessment in LSPO awards.
BC v DE, Re Z [2021] 2 FLR 727, Re Z (No 2) [2021] EWFC 72, MG v GM [2022] EWFC 8, Xanthopoulos v Rakshina [2023] EWFC 158, HAT v LAT [2023] EWFC 162, DR v ES [2022] EWFC 62
Court's power to grant freezing orders under section 37 of the Senior Courts Act 1981.
Senior Courts Act 1981, section 37
Requirements for freezing orders, including evidence of unjustified dealing with assets and risk of dissipation.
UL v BK [2013] EWHC 1735 (Fam)
Court's power to order restrictions on property title under section 46 of the Land Registration Act 2002.
Land Registration Act 2002, section 46
Outcomes
Legal services payment order granted for £200,169 (85% of £236,080 requested after 15% deduction).
Mother's limited means and father's apparent significant wealth justify ensuring equality of arms. Court made robust assumptions about father's ability to pay due to insufficient financial disclosure.
Freezing order granted in relation to father's assets in England and Wales.
Evidence suggests a real risk of asset dissipation to mother's prejudice.
Order for restriction on the Richmond property granted under section 46(2) LRA 2002, with overriding priority during processing.
To protect mother's claim and ensure security for any Schedule 1 award.
Directions given to progress the Schedule 1 claim.
To advance the proceedings.