Covid-19 has resulted, on the whole, in a marked co-operation between contracting authorities and their suppliers as everybody focuses on maintaining delivery as far as possible.
Judges are well aware of this and it has long been possible to apply to the court for interim maintenance against your other half which includes an element of support in paying your legal fees. More recently you can apply for a Legal Services Order – a payment towards your legal costs. Both of these options require some level of spending before you get off the starting blocks.
So what are the alternatives? There are the usual range of financial institutions offering unsecured lending - but at a price. Putting it on your credit card is an option, but an expensive one which can get out of control. Family and friends may kindly offer. This can cause an awkward dynamic and the court might treat this as a ’soft’ loan and not taking it into account as a liability that you must repay. In a very few cases solicitors are willing to wait until the end of the case to be paid, known as a Sears Tooth agreement, but in today’s tough economy these are few and far between and provide no security for certainty of repayment.
To the rescue a new product is now on the market; the "litigation loan” has arrived. At surprisingly reasonable rates of interest, and secured only on the anticipated successful outcome of your case, these provide a real option for the asset rich but income poor spouse. Most people have an expectation of a fair share of their house at the end of the case so it is available to a wide range of people who are prepared for this loan to be secured on their eventual share of the litigation proceeds. With advances made to your solicitors in tranches as your case proceeds but only with your authority so that you can keep abreast and in control of the costs being incurred this keeps both you and your lawyer happy, you knowing you are being properly represented and your lawyer knowing they will be paid for their work as they proceed on your behalf.
Elizabeth Wyatt is a partner and divorce, family and matrimonial law specialist at Anthony Collins Solicitors.
For more information
As we enter a recession, we have been here before, and a key question is what did we learn and how can we benefit from that learning?
It is anticipated that as lockdown restrictions ease, and particularly with children and young adults returning to education, cases of meningitis will start to rise.
As we continue to emerge from lockdown measures and deal with local measures and the short and long term economic impact of Covid-19, local authorities will need to re-assess how services will be delivered for years to come.
The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.