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27 September 2023
Issue: 8042 / Categories: Legal News , Divorce , Costs
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Divorce funder fights on for £1m

The Court of Appeal has remitted a ‘long, bitter and extortionately expensive’ divorce case for a financial remedy hearing with a litigation funder attached as a party, following a ‘procedural quagmire’
In Simon v Simon & Level [2023] EWCA Civ 1048 the wife, Lauren Simon, took out nearly £1m in litigation loans from Integro Funding, trading as Level, to finance her divorce case. However, she later attended a private financial dispute resolution hearing, to which Level were not party. There, she reached agreement with the husband, Paul Simon, that she could live for the rest of her life at a property owned by her husband’s trust in exchange for giving up the right to a lump sum of about £3m. Consequently, she was unable to repay the loan.

A consent order was sealed and approved by a High Court judge, but later set aside by consent. The judge made separate case management orders to move matters to a financial remedy trial at which Level would be an equal party in the proceedings.

The husband appealed, partly on the grounds the judge was wrong to permit Level to intervene in the financial remedy proceedings, and the judge was wrong to find that litigation lenders should be treated better than secured creditors.

Delivering the main judgment, handed down this month, Lady Justice King said it was not necessary for the court to rule on whether it was wrong to permit Level to intervene. King LJ also held that ‘commercial litigation lenders are not in the same position as other creditors’ since litigation funders perform a valuable function of promoting access to justice.

The court partly allowed the husband’s appeal, holding the judge was in error in ordering a new full financial remedy hearing and transferring the civil proceedings to the family court. Otherwise, they upheld the judge’s approach. 
Issue: 8042 / Categories: Legal News , Divorce , Costs
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Forbes Solicitors—Stephen Barnfield

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Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

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Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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