header-logo header-logo

Calls for a costs revolution

23 January 2015 / Laura Mortimer
Issue: 7637 / Categories: Features , Family
printer mail-detail
mortimer

The family law profession faced judicial castigation in a recent case, as Laura Mortimer explains

Mostyn J’s recent judgment of J v J [2014] EWHC 3654 (Fam), [2014] All ER (D) 153 (Nov) seems expressly aimed to provoke discussion among the family law profession. His comments on the failures of the lawyers involved to follow the new rules on both the instruction of single joint experts (PD25D) and hearing bundles (PD27A) are a stand-alone matter worth serious consideration. However, the more controversial discussion about disproportionate legal costs and how solicitors charge for their services is the focus of this article.

For those who have not read the case, in essence £920,000 or 31.9% of the matrimonial assets (£2,885,000) were spent on legal costs and expert fees. Mostyn J’s outrage that a seemingly straightforward case incurred such breathtakingly high fees is patent. However, Mostyn J does not limit his concern to the parties involved in J v J itself, but to the family law profession as a whole. He declares [paras 11 & 13]: “Although the mantra ‘something must be done’ is repeated

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

back-to-top-scroll