Shaphan recently appeared for the successful petitioner wife in a case concerning litigation funding in matrimonial proceedings, and when it can be used to cover historic unpaid legal costs.

The matter involved a dispute over variation of litigation funding. The Respondent sought to vary the 2023 Order downwards, arguing that the ancillary relief trial had completed so minimal legal fees would be incurred going forward. The Court considered the significant unpaid legal costs already incurred, the risk her lawyers would cease to act, and the importance of Petitioner retaining her lawyers going forward.

Applying the principles in BC v DE [2017] 1 FLR 1521, the Court dismissed the Respondent’s summons and maintained the monthly litigation funding payment at $120,000.

Judgement is available here.

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