Legal Services Provision Orders - A Guide for Family Lawyers

Introduction

Before April 2013, maintenance pending suit for legal costs was governed by a line of developed caselaw. Sections 49-51 of the Legal Aid, Sentencing & Punishment of Offenders Act 2012 led to additions to the Matrimonial Causes Act 1973 by inserting sections 22ZA and 22ZB, creating legal services payment orders (LSPOs).

This webinar will provide guidance on the principles and procedure for LSPO applications given by Mostyn J in Rubin v Rubin. It will also cover practical guidance to avoid incurring costs that may not be recoverable under a LSPO.

What You Will Learn

This webinar will cover the following:

• Maintenance Pending Suit to pay legal costs pre April 2013
• Maintenance Pending Suit to pay legal costs post April 2013
• Difference between the old and new regimes
• How to apply for a LSPO
• The court’s discretion - statutory factors
• Mostyn’s guidance in Rubin v Rubin
• Costs not recoverable in accordance with a LSPO
• Funding for costs in children proceedings
• Funding for costs in part III

This webinar was recorded on 30th January 2025

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