It is said of some countries that you can obtain, “the best justice that money can buy.” This expression is not necessarily referring to flaws in the Court system but the fact that the financially stronger party hires a costly and expensive legal team who have the ability and can spend the preparation time necessary to be able to persuade the Court to their point of view.
A feature of English Family Law is its emphasis on “equality of arms”. There was recently a legislative provision introduced which allows the financially weaker spouses who does not have the ability to fund their legal case to obtain what is known as a Legal Costs Allowance (see Section 22ZB of the Matrimonial Causes Act 1973, as amended). Our firm has been most successful in obtaining these types of awards in the past (see for example the case of PG v TW (No 1) (Child: Financial Provision: Legal Funding)  EWHC 1892 (Fam) where we obtained the biggest costs award in a Schedule 1 matter to date). However these type of applications are not always successful as was shown in the case of BN v MA  EWHC 4250 (Fam), recently reported.
In BN v MA the Judge (Mr Justice Mostyn) did not award a Legal Costs Allowance because he believed that the wife could obtain a loan in her own right. Mr Justice Mostyn went on to say that even if the wife had shown that she could not obtain a litigation loan, she had not set out the costs required in a concise schedule. It is these types of important details that family solicitors have to focus on.