Case One
I was instructed in a Child Arrangement Order case for contact. Not only was I successful in defending the client against unfounded allegations of domestic abuse but succeeded against the odds and obtained an order for costs against his opponent. It is rare and unusual for a court to award a client’s costs in family cases involving children unless you can show that the conduct of the other party was unreasonable or reprehensible in the way they conducted the proceedings. In this case I was able to prove that they made false allegations which were shown at trial to be a total fabrication. At the trial, the court refused to make an award for costs. I made an application to the court for the matter to be listed for a costs hearing and after a day’s hearing, I successfully obtained an award for costs incurred by my client throughout the entire proceedings.
Case Two
A recent divorce, financial order and child arrangements order case had some heart breaking elements to it, including removal of a child from the UK. I successfully challenged an agreed consent order for financial settlement made at the Financial Dispute Resolution [FDR] hearing on the basis of change of circumstances and the effect of Covid-19 on the parties finances. The leading cases of Xydhias v Xydhias [1998] EWCA Civ 1966 and Rothwell v Rothwell [2008] EWCA Civ 1600 effectively bar any changes to such agreements because the agreement was by consent where the parties were legally represented. I was successful in changing the terms of the agreement which gave the wife £480,000 and husband £170,000 to giving the wife £390,000 and husband £260,000.
Case Three
On behalf of my client I defended an application made by his wife for maintenance arrears of £40,000. £80,000 from the husband`s share of the net proceeds from the sale of marital home was held back to offset the wife`s arrears and her solicitors` costs. At the final hearing I succeed in preserving the £80,000 for the husband and obtained a costs order for £6500 against the wife for litigation costs for her conduct during the proceedings. The Judge in his judgement stated he was not going to make an award for costs but I argued against that and the Judge subsequently awarded litigation costs. I did not give up even though the Judge had indicated he would not be making any costs orders. Just to put matters into context, at the last hearing alone the wife`s barrister`s fees for the day were £7200 with the solicitor charging £480 per hour attending the hearing whereas I charged £2500 and succeeded. I represented the client at all stages without a barrister and my opponents were a prominent city firm instructing award winning barristers.
Case Four
After 8 years and 21 hearings, I hoped that we achieved a conclusion to the mother preventing contact and making applications to vary the court orders. The case started when the child was born and the parties separated. The child's mother did everything she could to alienate and stop the child from seeing his father. Sadly, Children Services refused to assist and left it to the court to decide. At a recent hearing the court made an order that neither party can make an application to the court without leave of the court. It does not bar the father from making an application to enforce the court order in case of a breach but does stop mother from making applications to vary the court order. In this case mother was represented by a barrister and the child by a recorder (judge).
