Financial Remedies Journal: Loggie v Loggie [2022] EWFC 2

Loggie v Loggie [2022] EWFC 227 January 2022

Published: 22/02/2022 09:00

Polly Morgan | Case EditorPolly Morgan is the sole author of the textbook Morgan's Family Law (2nd edn, Oxford University Press 2024) as well as the author of a number of Law Society practitioner courses on family law. A Professor of Family Law at UEA Law School, Polly is also Director of the multi award-winning UEA Law Clinic. A solicitor and law firm co-founder, she now practises exclusively in the free family law advice clinic of Norfolk Community Law Service. She is one of four trustees of the Transparency Project, and a legal blogger.

https://www.bailii.org/ew/cases/EWFC/HCJ/2022/2.html

Mostyn J.

Wife’s application for husband to indemnify her in relation to unexpectedly high fees of SJE in long-running financial remedy proceedings. This indemnity had been agreed in the earlier proceedings but not incorporated into the final order. Mostyn J approached it as correction under FPR 29.16 (slip rule), following approach taken by Knowles J in IC v RC [2020] EWHC 2997 (Fam). Highlights importance of capping experts’ fees under FPR 25.12(5) following preliminary enquiry of expert under PD 25D para 3.4 and PD 25B para 8.1(e). If fees needed to be increased, application to vary could then be made under FPR 4.1(6).