Sears Tooth agreement meaning

This Practice Note provides guidance on the arrangement whereby a party to family proceedings assigns part of a prospective entitlement to their solicitors to cover legal fees, and outlines the courts’ guidance on when such agreements are suitable and the need for independent legal advice. The Family Procedure Rules 2010, SI 2010/2955, 1.1 set out the overriding objective, which includes ensuring parties are on an equal footing when a case is dealt with justly. A Sears Tooth agreement can enable a spouse or civil partner who lacks the means to fund legal fees to obtain proper advice and representation in family proceedings. For alternative funding routes, see also Practice Notes: Funding—legal services orders and costs allowances and Eligibility for family legal aid. The Sears Tooth case Assignment of potential rights In Sears Tooth v Payne Hicks Beach, the court considered whether a deed of assignment was valid where the wife had agreed to assign her rights in any financial provision and costs orders (other than periodical payment orders)...

This Deed is made the [ insert date and month ] 20[ insert year ] Parties 1 [ Insert client's full name ] of [ insert client’s full address ] (‘the Client'), and 2 [ Insert the [ members OR partners ] ] at the date of this Deed of the firm of solicitors trading as [ insert name and address of law firm ] (‘the Assignee’) Whereas: (A) In proceedings before the [ insert name of court ] under case number [ insert matter number ] (the Proceedings) in which the Client is the [ petitioner OR applicant OR respondent ] in the divorce proceedings and the [ applicant OR respondent ] in the financial remedy proceedings and their spouse [ insert name of spouse ] (‘[ insert title and surname of spouse ]’) is the [ petitioner OR applicant OR respondent ] in the divorce proceedings and the [ applicant OR respondent ] in the financial remedy proceedings, the Client seeks: (i) financial provision,...