| Source: | All England Reporter |
| Publisher Citation: | [2011] All ER (D) 299 (Mar) |
| Neutral Citation: | [2010] EWHC 1415 (Fam) |
| Court: | Family Division |
| Judge: | Macur J |
| Representation | Charles Hyde QC (instructed by Chebsey & Co Solicitors) for the husband. |
| Simon Gill (instructed by Lloyd Platt & Co) for LP. | |
| Judgment Dates: | 18 June 2010 |
Catchwords
Costs - Divorce - Ancillary relief - Equal division of assets ordered - Husband seeking to set off orders for costs - Right of set off conceded by wife's solicitors (LP) - LP asserting prior and preferential claim for costs arising from deed of assignment - Whether LP entitled to lump sum otherwise payable to wife - Whether effect should be given to set off claimed by husband.
The Case
Costs Divorce. The Family Division gave effect to the set off claimed by the husband which had been established against assignor and assignee. At the date of notification of the deed of assignment the rights of the parties incorporated the principle that the assignee could be in no better position than the assignor. The solicitors could not take the gain of the arrangement without the associated risk.
Practice Areas
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