‘The past weeks have brought two more High Court judgments considering the practice of deducting a percentage from an LSPO applicant’s costs provision by way of a “notional standard assessment”. The first, JK v LM [2024] EWHC 1442 (Fam), was a judgment of Cobb J doubling down on the practice. The second, KV v KV [2024] EWFC 165, was a judgment of Peel J, taking a more ambivalent approach, suggesting it be used as a “cross check” and highlighting that it may operate unfairly in some cases. Cobb J’s elevation to the Court of Appeal may see his approach becoming dominant. The unfairness caused by the “notional assessments” in LSPO applications has been explored by us previously. Here we argue that it is also conceptually flawed.’
Full Story
Financial Remedies Journal, 11th July 2024
Source: financialremediesjournal.com