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CA allows funder to challenge financial remedy consent order

20th September 2023

Legal Futures

A litigation funder owed up to £1m by the wife in a “bitter and extortionately expensive” divorce battle can remain a party to financial remedy proceedings, the Court of Appeal has ruled.

Lady Justice King said funders were “entitled to expect some measure of protection from the improper manipulation of the outcome of the proceedings by the parties” to avoid repaying them.

Here, funder Level submitted that the husband and wife may have colluded to get out of her having to repay the loan.

King LJ went on: “It should be remembered that there may well be little or no security reasonably available; in this case for example there was nothing: even the matrimonial home is held in the husband’s name.”

Read more: Legal Futures

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