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Henrietta Mary Rosario Currey v Charles Alistair Currey [2006] EWCA Civ 1338

Where a party sought an allowance for legal costs in an order for maintenance or periodical payments he or she did not have to show that, apart from having no facility to fund the litigation, his or her case was exceptional. The initial, overarching enquiry was into whether the applicant for a costs allowance could demonstrate that he or she could not reasonably procure legal advice and representation by any other means.

27 October 2006

The appellant former wife (W) appealed against the interim variation of an award of ancillary relief to the respondent former husband (H) increasing the periodical payments by £10,000 per month for four months to enable H to procure legal advice and representation for a financial dispute resolution appointment. H and W were divorced and the court had made a substantive award of ancillary relief to H on the basis that W was the richer of the two. The award included capital provision for H and a periodical payments order under which W paid just over £50,000 per year to H. Proceedings between the parties in relation to the award were continuing and a financial dispute resolution appointment had been fixed. W wished to make a clean break by paying a capital sum instead of periodical payments. H was opposed to a capital payment. H claimed that his financial position was such that he could not secure legal advice and representation without an interim increase in the periodical payments....

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