Litigation Funding
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EC v JC [2024] EWFC 175 (B)13 June 2024
DJ Hatvany. Final financial remedies hearing in a where the assets were modest. The parties were married for 11 years and had twin boys aged 9. An unfortunate feature of this case was that both parties had incurred large costs, which would make clearing their debt on both sides and enabling both parties to rehouse in a three-to-four-bedroom properties close to the boy’s school problematic.
- Cases
- Housing Need
- Spousal Maintenance (Quantum)
- Litigation Funding
- Costs
- Debts
- Modest Asset Cases
- Needs
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Simon v (1) Simon (2) Integro Funding Limited (‘Level’) [2024] EWFC 1602 July 2024
Peel J. The last instalment in the *Simon v Simon & Level* family court litigation. Level’s civil claim is yet to be determined. Peel J found that the family court cannot make a distributive order upon application of an intervenor to require one party to pay the other party such sum as the third-party intervenor says it is entitled to.
- Cases
- Litigation Funding
- Joinder of Third Parties
- Setting Aside Orders (Including Barder Applications)
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Simon v (1) Simon (2) Integro Funding Limited (‘Level’) [2023] EWCA Civ 104815 September 2023
King LJ, Moylan LJ and Popplewell LJ. Appeal concerning the role of a litigation lender in financial remedy proceedings.
- Cases
- Litigation Funding
- Appeals
- Joinder of Third Parties
- Setting Aside Orders (Including Barder Applications)
- Trusts
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Simon v Simon & Level (Joinder) (Rev1) [2022] EWFC 2921 March 2022
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…
- Cases
- Litigation Funding
- Joinder of Third Parties
- Setting Aside Orders (Including Barder Applications)
Can a Litigation Funder Rely on Any Form of Equitable Lien
Funding family proceedingsLS v PS [2021] EWFC 108 (23 December 2021), Roberts J concerns an application by a litigation funder (Q), as intervener in financial provision proceedings, for disclosure of material arising between a husband and wife and in rela…
- Blog
- Litigation Funding
- Equitable Lien
!25/03/2022 16:49
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LS v PS [2021] EWHC 3508 (Fam)18 January 2022
An application by an intervenor in financial remedy proceedings for disclosure of privileged material from a PFDR was refused. The intervenor, a litigation funder, is seeking to set aside a consent order reached at the PFDR on the basis it was deliberately structured to ensure W could not meet her debt. The court acknowledged that a number of competing policy considerations were engaged, in the process attaching importance to the status of litigation funders. Whilst this application was refused on the facts, Roberts J referred the “absolute bar” (as Munby P has interpreted paragraph 6.2 PD9A) on use of anything said or done at FDR in support of a separate action in civil proceedings to the Family Procedure Rules Committee. In further judicial support for private dispute resolution, Roberts J thought it artificial to draw a distinction between the privilege attaching under paragraph 6.2 PD9A to “in-court” and private FDRs.
- Cases
- FDRs
- Privilege
- Disclosure
- Litigation Funding
- Joinder of Third Parties
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