Simon v Simon & Level (Joinder) (Rev1) [2022] EWFC 29

Published: 21/03/2022 09:00

https://www.bailii.org/ew/cases/EWFC/HCJ/2022/29.html

Nicholas Cusworth QC. Convoluted procedural history in which a consent order was sealed by the court without knowledge of other relevant applications, and W received no liquid capital capable of being used to repay her litigation funder. Funder therefore applied to be joined as party (granted ex parte) and to set aside consent order.

Held: Funder’s joinder confirmed; application of CPR 19.2(2); noting contents of FPR 9.26B(1) and CPR 40.9. Funder directly affected by the consent order as wife had assigned benefit of financial provision to them. Consent order set aside pending further hearing.

Previous hearing reported as LS v PS [2021] EWHC 3508 (Fam); summary here.

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