Litigation Loan - Advice Required 12 May 2021 at 12:03PM in Loans 7 replies 391 views

MrDadof3

I am currently going through a divorce.
All the assets are in my wife's name, whilst I have all the debt (lesson learnt).
I cannot instruct solicitors as I do not have any more credit facilities, so I am looking for advice on what litigation loan providers that I can approach directly.
If litigation loan providers reject my application, I will proceed to apply for a Legal Services Order supported by the rejections.
All help appreciated.

[Deleted User]

Are you in the UK?

MrDadof3

Yes, I am in the UK.

[Deleted User]

In that case google is your new best friend.

MrDadof3

Thanks. I tried google but all the providers I discovered require an application through a solicitor. This costs from £250-£500 for each of the two applications.

pphillips

MrDadof3 said:

Thanks. I tried google but all the providers I discovered require an application through a solicitor. This costs from £250-£500 for each of the two applications.

The relevent question appears to be are there sufficient assets to ensure that both you and your wife are on an equal footing in these proceedings? If so, you can apply for a legal services / costs allowance order.
https://law.bloomsburyprofessional.com/blog/legal-services-orders-funding

MrDadof3

Thanks. My wife and I are clearly not on an equal footing. To apply for a LSO, it is usual to provide evidence that litigation loan applications have been rejected by two providers, and also documentation from a solicitor that a Sears Tooth arrangement has been rejected. I was hoping to apply directly to litigation loan providers without having to incur the legal costs associated with going through a solicitor.

pphillips

MrDadof3 said:

Thanks. My wife and I are clearly not on an equal footing. To apply for a LSO, it is usual to provide evidence that litigation loan applications have been rejected by two providers, and also documentation from a solicitor that a Sears Tooth arrangement has been rejected. I was hoping to apply directly to litigation loan providers without having to incur the legal costs associated with going through a solicitor.

Presumably you have something in writing from these providers that says you can't approach them directly. The legislation doesn't specifically mention litigation loan applications, so I don't see any reason why the court wouldn't accept proof of a loan rejection from two banks.