IN THE ROYAL COURTS OF JUSTICE
Strand, London, WC2A 2LL
B e f o r e :
(SITTING AS A DEPUTY HIGH COURT JUDGE)
|LAUREN BELINDA SIMON||Applicant|
|PAUL MARK SIMON||Respondent|
|INTEGRO FUNDING LIMITED ('LEVEL')||Intervener|
Richard Todd QC and Edward Benson (instructed by Paradigm Family Law) for the Respondent
Jonathan Southgate QC and Simon Calhaem (instructed by Bloom Budd LLP) for the Intervener
Hearing date: 21st March 2022
Crown Copyright ©
MR CUSWORTH QC:
a. 'The court could not properly approve an order which prima facie is instrumental of a fraud on a creditor within the meaning of s423-425 IA 1986 (and which would in any event render the resealed order liable to be set aside).
b. The court could not properly approve an order which amounts to an act of bankruptcy where there are assets available to avoid such an outcome other than perhaps in exceptional circumstances which do not arise here.
c. The court could not properly sanction an agreement which prima facie is instrumental of an unlawful means conspiracy, a breach of contract or the tort of inducing a breach of contract (and which would lead to satellite litigation).
d. For important public policy reasons, the court should specifically protect litigation lenders who have lent money for the purpose of the facilitating one of the parties to be represented in the proceedings;
e. The court does not have sufficiently reliable, undisputed and up to date financial information to enable it to discharge its statutory duty;
f. It is unclear that the wife remains properly informed or that she presently has access to independent legal advice;
g. This is no longer a "consent order" application and the summary procedure under section 33A and FPR 9.26 does not apply to it;
h. Level as a party to the proceedings quite properly wishes to pursue a positive case (following disclosure and evidence) that the court should make orders inter alia for:-
i. A payment to W secured in its favour;
ii. An indemnity order
iii. Relief under IA86 s425'
a. Pursuant to FPR 9.26B(3), all existing disclosure to be made available to all parties electronically where possible within 7 days.
b. The husband and wife to provide fresh Forms E (in which the narrative parts shall be optional) by 25 April 2022.
c. Questionnaires by 16 May 2022.
d. Replies by 13 June 2022.
e. A further hearing with a time estimate of 2 days to be listed before the trial judge not before 1 July 2022, to deal with:
i. The costs of Level's set aside and joinder applications;
ii. Any disputes about the parties' replies to questionnaires;
iii. Any other matters of evidence or case management generally which are required to be addressed before the final hearing.
f. The case to be set down for a final hearing with a time estimate of 5 days on the first available date for counsel's convenience, on application by counsel's clerks (and in consultation with Mrs Lauren Simon) to the Clerk of the Rules - all parties to be present unless otherwise ordered at the hearing listed at (e) above.
NICHOLAS CUSWORTH QC
1 April 2022