Costs order made against litigation friend in protracted financial proceedings (Y v Z (by her litigation friend X))

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?

Article summary

Family analysis: After a financial remedies consent order was made in May 2015, the wife applied for additional support for the children under Schedule 1 to the Children Act 1989 (ChA 1989). The husband applied for a variation/discharge of the May 2015 periodical payments order, due to his financial circumstances being adversely altered from the time when the consent order was approved. The parties’ applications proceeded with little progress or judicial continuity. The matters came before His Honour Judge Hess in October 2022, with whom they remained. A significant issue in the case was the wife’s litigation capacity and, arising from the same, the conduct of the wife’s litigation friend, Dr X, against whom a costs order was made as a consequence of his inaction which had led to a five-day final hearing being unable to proceed. Poonam Bhari, barrister at 3PB Chambers, examines the issues.