Simon v Simon [2025] EWFC 897 April 2025

Peel J. Cost judgment from Peel J in ‘highly unusual’ financial remedy proceedings, in which a litigation loan provider successfully applied to be joined and to set aside a consent order which prevented them recovering a loan to W.

• Cases

• Conduct
• Costs
• Joinder of Third Parties
• Efficient Conduct
• Consent Orders
• Setting Aside Orders (Including Barder Applications)

• Katherine Luckhurst

When It’s Good, It’s Very Good… The ES2, Aged Three; a Pedant’s Perspective

On 11 January 2025, the pro forma schedule of assets known to all as the ES2 turned three years old. Just like the little girl (with the little curl, right in the middle of her forehead) of nursery rhyme fame, who one imagines may be of a similar age, when it’s good, it’s very good, and when it’s bad, it’s horrid.

• Blog

• Asset Schedules

• Andrew Day

!11/04/2025 07:00

TA v SB [2025] EWFC 61 (B)5 March 2025

HHJ Muzaffer. The only question the court was concerned with was what should happen to the jointly-owned FMH. However, this case illustrates the difficulties arising when one party lacks capacity to litigate and is dependent on the Official Solicitor, but where security for that party’s costs may not be readily available.

• Cases

• Sale of Property
• Housing Need
• Legal Aid
• Official Solicitor
• Capacity
• Litigation Friend

• Vivien Croly

P v B (Permission to appeal an arbitral award: children) [2025] EWFC 69 (B)10 January 2025

Permission to appeal heard by HHJ Robertson involving a challenge to an arbitral determination in a children matter. Held that the powers of an arbitrator to re-open issues in a case are different to those of a judge, as they operate in different spheres, under different rules and to achieve different outcomes.

• Cases

• arbitration
• Appeals

• Jessica Holloway

Transplanting Costs Order Principles to LSPOs and Legal Costs Funding Orders

In family proceedings, the court has two key tools at its disposal to address the funding of litigation. The first is via an LSPO to meet the incurrence of future legal fees, and the second, quite distinct in nature and purpose, is a costs order, providing for one party to pay the costs that have already been incurred by the other party.

• Blog

• Costs
• Legal Services Payment Orders

• Grace-Mary Sweeney

!07/04/2025 10:00