Family Law Hub

Litigation Funding

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  • Mr Justice Cohen recently gave judgment in MB v EB (No. 2) [2019] EWHC 3676 (Fam), and sounded a cautionary note to parties in needs-based cases in financial remedy proceedings who run up unreasonably large legal costs under the (mistaken) belief that the financially stronger party will be ordered to pay them. Referring to the recent amendments to FPR 2010 Practice Direction 28A, Cohen J was firm in his judgment that it was not for the wife, in this case, to ‘bankroll this litigation’ which he found to have been unreasonably conducted by the husband. This case serves as a warning to parties who have a needs-based claim that this does not give them a so-called ‘license to litigate’, and underlines the importance of making sensible proposals in negotiations. News, 25/02/2020, free
  • Judicial consultation process started in February 2016 News, 26/02/2019, free
  • The court injuncted the husband from paying any further money to his solicitors unless he paid an equal amount (i.e. pound for pound) to the wife's solicitors. Judgment, 19/09/2018, free
  • Appeal against an order requiring the husband to pay the wife £2,500 per month by way of interim periodical payments until further order and to pay directly to her solicitors, £3,000 per month by way of a legal fees allowance order. Appeal dismissed. Judgment, 18/05/2018, free
  • In brief: A fact-finding hearing involving two parties who were not legally represented (neither could afford lawyers and both were ineligible for legal aid). The judge made a number of telling observations about the implications of the lack of legal aid for litigants in terms of preparation, process and outcome. Judgment, 15/05/2018, free

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