In a ground breaking decision Mr Justice Moor has upheld an order made in the Central Family Court setting aside a Deed of Security entered into between a husband and his solicitors and intended to meet outstanding the husband’s legal costs of his Financial Remedy proceedings.

At first instance the wife argued successfully that the Deed be set aside under s 37 of the MCA 1973, the first successful example of such an order. On appeal by the solicitors, Moor J dismissed the appeal and, in his judgment, provides important guidance as to the steps solicitors should take to avoid finding their fee arrangements being set aside by a court. The successful wife was represented throughout by David Burles of 1GC Family Law.