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In Defence of Legal Fee Loans: The Economics of Access to Justice

The recent High Court judgment of Peel J in 𝘚𝘪𝘮𝘰𝘯 𝘷 𝘓𝘦𝘷𝘦𝘭 [2025] EWFC 89 has renewed focus on the role of legal fee lending in family proceedings. This coincides with significant judicial commentary about funding arrangements, including notable judgments in 𝘋𝘚𝘋 𝘷 𝘔𝘑𝘞 and 𝘓𝘐 𝘷 𝘍𝘛.

George Williamson

Founder and CEO of Level.

Tim Amos KC

Tim Amos is a barrister in international family law and formerly Head of Chambers at QEB (Queen Elizabeth Building): 2018–23. He has practised at QEB since 1988 and took silk in 2008 as QC (now KC). His practice spans all aspects of family law (including pre-nups and nuptial trusts)

BC v BC [2025] EWFC 236

Peel J. Save for four specific matters, parties cannot refer to what happened at the pFDR. The Financial Remedies Court – Primary Principles paragraph 8 issued by Mostyn J and HHJ Hess goes too far by saying that the court should be told that offers were made and that an was indication given.

SM v BA

* SM v BA (Legal Services Payment Order) [2025] EWFC 7 * SM v BA (No 2: Maintenance Pending Suit) [2025] EWFC 28 * Transplanting Costs Order Principles to LSPOs and Legal Costs Funding Orders

Helliwell v Entwistle [2025] EWCA Civ 1055

https://caselaw.nationalarchives.gov.uk/ewca/civ/2025/1055?court=ewca%2Fciv

Ozturk v Ozturk (Reissue 2) [2025] EWFC 162 (B)

HHJ Moreton. Committal proceedings relating to a husband who failed to complete his Form E in financial remedy proceedings.

Culligan v Culligan (No 3) (Terms of Order) [2025] EWFC 186

MacDonald J. The court determined the terms of an order following a final hearing in January, which saw an equal division of the matrimonial assets following a 40-year marriage, including Wells sharing.

JB v RB [2025] EWFC 194 (B)

District Judge Akers. This case involved final financial remedy proceedings between the Wife and the Husband following the breakdown of a long marriage. The dispute centred on the division of the former family home, spousal maintenance, and the classification of certain debts as ‘soft loans’.

Re HMP [2025] EWCA Civ 824

Carr LCJ, King LJ and Warby LJ. The Court of Appeal allowed an appeal against a disclosure order in concluded care proceedings, confirming that the open justice principle did not extend to media applications unconnected to the court's decision-making in the case.

TF v SF [2025] EWHC 1659 (Fam)

Mr Justin Warshaw KC sitting as a deputy High Court judge. Final hearing in a financial remedies matter, dealing with issues of interim provision, non-disclosure, conduct and post-separation accrual.

CC v UU [2025] EWFC 214

Peel J. Application by W for an LSPO following final financial remedy order dismissed due to lack of jurisdiction under s 22ZA MCA 1973 after a clean break.

W v X [2025] EWHC 1696 (Fam)

Schedule 1 'big money' case before Mr Justin Warshaw KC (sitting as a deputy High Court judge) concerning the financial provision of C.

Y v Z [2025] EWFC 221

https://caselaw.nationalarchives.gov.uk/ewfc/2025/221?court=ewhc%2Ffam&court=ewfc