Matrimonial Proceedings and “Highly Destructive” Litigation
The recent case of Welch v Welch saw the court come down hard against what it perceived to be frivolous litigation. Mr Justice Holman said that the “bitter and intense litigation must be closed” and that it had been “highly destructive”.
Mrs Welch, now acting as a litigant in person, owed a costs debt to Mr Welch of approximately £70,000 in addition to a debt of £441,000 owed to her previous solicitors. In his judgment, Mr Justice Holman drew attention to the difficulties where parties are motivated by an often obsessive resentment towards the other party without the benefit of sound and proper legal advice. Perhaps the outcome may have been different had Mrs Welch been able to benefit from publicly funded legal advice.