Aristide Hoang-Brown summarises a judgment for Family Law Week about the Court of Appeal making a Hadkinson order preventing a husband from pursuing a financial remedies order until he has paid a legal services payment order (LSPO).
Background
The wife applied for an order that unless the husband pays the sum of £120,000 + VAT (ordered to be paid to her by way of a legal services payment order), the husband should not be allowed to pursue his appeal against the substantive order made by the judge at the conclusion of the financial remedy proceedings.
Decision
The Court of Appeal:
- refused to make an unless order, as it was disproportionate - permission to appeal had been granted relating to the husband's disputed accounts, the existence of which was central to the making of the legal services payment order.
- determined the husband should have a short further opportunity to satisfy the LSPO, so if he makes the required payment, his appeal can be re-listed to be heard without him having to obtain relief from sanctions.
View the summary of the judgment in on Family Law Week.