In another case of excessive and disproportionate legal fees, Deputy District Judge Mark Harrop urged a divorcing couple in a recent case to curb their runaway legal costs before they drained their financial resources dry. The wife had made an interim application requesting interim payments towards living costs and over £22,000 for a holiday, leading to legal costs of £40,000 in just one month. With the couple having already burned through £130,000 in costs in the proceedings generally, the judge determined that both parties should bear their own costs of the interim application. He criticised their disproportionate expenditure on legal fees, particularly the wife's, which were more than double the husbands.
Emphasing the importance of pragmatic and proportionate legal spending, the judge reminded the couple that their resources are limited, and every pound spent on litigation reduces the funds available for their family. The husband, who earns a substantial salary and bonuses, had emptied joint accounts earlier in the proceedings. The wife's application for interim funds and the holiday cost was partially refused, with the judge deeming the holiday request inappropriate and a distraction from the main issues. However, he ordered the rent and utilities to be paid to the wife, condemning the husband's unilateral financial decisions.
Excessive legal fees can quickly erode the financial resources of both parties, leaving less for their future and their children's needs. Lawyers should guide clients towards pragmatic solutions and explore non-court dispute resolution over costly litigation. The judge's comments serve as a stark reminder that the ultimate goal should be to preserve family resources rather than allowing legal fees to escalate.