My thoughts on “reported cases”
When I was a young lawyer working in London I noticed that most lawyers were always very proud to have reported cases. Ah, if only I could have a reported case too! I too could put the reported case underneath my profile on the website of the firm I was working for and people might be more impressed by me! Then one day many years later I worked on a case that became a reported case.
When will a case be reported?
So how did this happen? I had applied for a financial remedy order on behalf of my client. The parties could not agree to settle the case so the District Judge made an Order at the final hearing. One of the parties was not happy with the order of the District Judge and appealed. The appeal was heard by a Judge in the High Court. And because the main question in the case was how the Court should deal with the parties’ pre-nuptial agreement the Judge decided that his Judgment was also relevant for other lawyers hence it was reported.
Was my client happy?
My client had endured five different hearings by five different Judges. Her legal costs had increased to over £100,000. Her relationship with her former husband had deteriorated which made it difficult for her to talk to him about the parties’ children. So the answer is that my client would have much preferred not to have a reported case. This is why I am no longer a fan of reported cases. I think that they often cost the clients dearly both in terms of the money they have to spend but often more importantly in terms of the negative impact the proceedings have on the relationship between the spouses.
But not all clients are the same. I had another client who said to me that he was willing to fight for what he thought was right, ie the principle, irrespective of cost. Was he happy to proceed? Absolutely. Did he mind that there were four hearings in total? No. Was he happy to pay the legal fees? Yes. To him it was all worth it. It all depends, as lawyers like to say.