In proceedings under Schedule 1 to the Children Act 1989 (ChA 1989), can an application be made for a lump sum to discharge legal costs incurred in ChA 1989, s 8 proceedings where those proceedings have already concluded?

There is no specific statutory regime for costs allowances under Schedule 1 to the Children Act 1989 (ChA 1989), as the power to make legal services payment orders under section 22ZA of the Matrimonial Causes Act 1973 (MCA 1973), does not apply to such applications. There remains, however, a discretionary common law jurisdiction to make a costs allowance under the principles laid down in Currey v Currey (No 2). Such an allowance may be made by way of a periodical payments order or a lump sum order. It has been held that, while the order must be of benefit to the child, it may be for proceedings under ChA 1989