
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.
!11/04/2025 07:00
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.
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.
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.
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.
!07/04/2025 10:00
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