Costs are a thorny but crucial issue that we must contend with on behalf of clients…
Costs are a complex but critical issue for clients. This workshop will explore the law and procedure governing costs in financial proceedings, including when costs orders may be made, the factors courts consider, and practical strategies for seeking or resisting them.
It will also provide an inside look at litigation funding; how it can support clients, how to work effectively with funders, key lending criteria, and the role of technology in streamlining the process.
Aimed at practitioners at all levels, the session will focus on delivering practical guidance and “top tips,” with opportunities for questions and discussion.
Delegates will gain a greater understanding of costs in family proceedings and how to use litigation funding to best support their clients; and will also explore the relationship between litigation funding and legal services payment orders.
Chaired by Nigel Shepherd, the workshop will begin with a brief introduction to the speakers. Hannah Jones will then cover the relevant legislation, rules, and case law on costs across different types of proceedings, including:
- Strategies for making and resisting costs applications
- How costs are reflected in asset schedules
- The role of constructive negotiation and NCDR
- Differences in approach between needs and sharing cases
- Addressing imbalances in costs between parties
- The approach where the “no order” principle does not apply
William will explain the way in which loan applications are approached by lenders including issues such as lending criteria and underwriting, jurisdiction, the types of proceedings that can be funded and the way in which technology is used to improve the process and experience for borrowers and the family lawyers representing them.
As a practising family lawyer of many years as well as adviser to Ampla, Nigel will contribute his views, for example on complex cases where further information might be needed, the approach the lawyers and their firms might take to the conversation with clients about funding and the advantages of independent funding over e.g. loans from family or friends.
Key takeaways
This workshop is intended to be as interactive with the focus being on practical tips and guidance to assist delegates in helping their clients. The balance of the allotted time after the two initial presentations will be used for questions and debate between delegates and the 3 speakers.
This session will allow discussion on ways in which the current approach to costs and litigation funding might be changed (e.g. should interim lump sums be possible, should Calderbank offer be reintroduced).
Meet the trainers
Hannah Jones
Hannah specialises in matrimonial finance proceedings. She has experience in all aspects of financial remedy proceedings and also specialises in claims under Schedule 1 of the Children Act. Hannah’s practice has a particular focus on high-value cases, with high-profile and high net-worth clients who require the best representation and excellent client care. Her cases typically involve valuable business assets and complex financial, and jurisdictional, issues.
Nigel Shepherd
Nigel is an adviser to Ampla Finance where his role combines technical advice on the more complex lending applications with strategic insight and business development. He practised as a family lawyer for over 40 years before his retirement in 2024 from national firm Mills & Reeve where he had previously been Head of Family Law. He is the only person to have twice been National Chair of Resolution. Known particularly for his campaigning work in relation to no fault divorce he was given Honorary Life Membership of Resolution in 2019 and later that year received the John Cornwell Award for Outstanding Contribution to Family Law.
William Dorey
Having been with Ampla for just over three years, William, Ampla’s Senior Growth Specialist, works closely with both professionals and their clients to help them with accessing and navigating the funding space. As a member of the Growth team, William spends his time introducing firms to the benefits of litigation funding, and provides a calm, supportive point of contact for clients navigating difficult circumstances
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