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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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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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