Legal Services Payment Orders: Practical Guidance for Family Lawyers

Introduction

Securing funding for legal representation can be a significant issue in financial remedy proceedings. Since the introduction of Legal Services Payment Orders (LSPOs) by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the approach to funding legal costs has moved away from the former maintenance pending suit jurisdiction and onto a statutory footing through sections 22ZA and 22ZB of the Matrimonial Causes Act 1973.

This webinar explores the legal framework governing LSPO applications, the principles established by the courts and the practical considerations for practitioners. Particular focus will be given to the guidance of Mostyn J in Rubin v Rubin, together with strategic tips on preparing successful applications and avoiding expenditure that falls outside the scope of an order.

What You Will Learn

This webinar will cover the following:

• The development of the law from maintenance pending suit for legal costs to the current LSPO regime
• The statutory framework under sections 22ZA and 22ZB of the Matrimonial Causes Act 1973
• The principal differences between the pre-2013 and post-2013 approaches
• When an LSPO is appropriate and the evidential requirements for an application
• The statutory criteria the court must consider when exercising its discretion
• Practical guidance arising from Rubin v Rubin
• Which legal costs can and cannot be recovered under an LSPO
• Funding options in Children Act proceedings
• Legal costs funding in Part III applications
• Recent case law developments and emerging trends