Paragraph 14 Resources and income treated as the party’s resources and incomeF1F2
United Kingdom
Subject to sub-paragraphs (2) to (5), the disposable capital and gross monthly income of a partner is to be treated as disposable capital and gross monthly income of the party.
Where the partner of the party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner is not treated as the disposable capital and gross monthly income of the party.
Where proceedings are brought concerning the property and affairs of ‘P’, for the purpose of determining whether a party is entitled to a remission or part remission of a fee in accordance with this Schedule—
the disposable capital and gross monthly income of the person bringing those proceedings is not treated as the disposable capital and gross monthly income of the party;
the disposable capital and gross monthly income of ‘P’ is to be treated as the disposable capital F3and gross monthly income of the party; and
the disposable capital and gross monthly income of the partner of ‘P’, if any, is not treated as the disposable capital and gross monthly income of the party.
Where proceedings are brought concerning the personal welfare of ‘P’, for the purpose of determining whether a party is entitled to a remission or part remission of a fee in accordance with this Schedule, the disposable capital and gross monthly income of a partner, if any, is not treated as the disposable capital and gross monthly income of the party, where that partner is ‘P’ who is the subject of those proceedings in which the fee is payable.
Where proceedings concern both the property and affairs of ‘P’ and their personal welfare, their disposable capital and gross monthly income shall be treated in accordance with sub-paragraph (3).
Annotations
Textual amendments
- F1
Sch. 2 inserted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), art. 1, Sch. (with art. 13)
- F2
Sch. 2 para. 14 substituted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 5(7) (with art. 13)
- F3
Words in Sch. 2 para. 14(3)(b) inserted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 4(8)