Costs

Voluntary pilot of capped costs scheme for claims up to £250,000

A two-year pilot is to be introduced to test the use of a capped costs scheme in High Court claims valued at up to £250,000 which are proceeding in the London Mercantile Court or the Mercantile, Chancery or Technology and Construction (TCC) … Continue reading

Leave a Comment

Filed under Costs

High Court orders security for costs against third party funder supporting group litigation

The High Court has granted an application for security for costs against a commercial litigation funder supporting the then remaining claimants in the RBS Rights Issue Litigation. It declined to order security against another third party which was not in litigation funding as a business … Continue reading

Leave a Comment

Filed under Costs, Funding

High Court orders claimants to reveal identity of litigation funders who “stand in the front-line” in group litigation

The High Court has ordered the remaining claimant group in the RBS Rights Issue Litigation to reveal the identity of those funding the litigation, so that the defendants can consider whether to apply for security for costs against them: [2017] … Continue reading

Leave a Comment

Filed under Costs, Funding

Costs falling within court-approved budget were recoverable in full, unless good reason shown to depart from budget

The High Court has recently considered an important point regarding the interplay between the costs budgeting regime and the court's approach to assessing the costs a successful party can recover at the end of a case: Merrix v Heart of … Continue reading

Leave a Comment

Filed under Costs

Contrasting High Court decisions on whether successful party should be compensated for exchange rate loss on legal costs

The High Court (Mr Justice Coulson) has declined to order that a successful defendant should recover additional sums to reflect any currency loss caused by the decline in the exchange rate between sterling and the euro since the defendant had made … Continue reading

Leave a Comment

Filed under Costs

Court awards additional sum to compensate successful party for exchange rate loss on legal costs

In assessing the costs to which a German claimant was entitled on having succeeded in its patents claim in the English High Court, the court has awarded an additional sum of £20,000 to compensate for the claimant's exchange rate loss on payments to its … Continue reading

Leave a Comment

Filed under Costs

Court of Appeal clarifies test for granting security for costs against non-EU claimants

A recent Court of Appeal decision has clarified how the court will exercise its discretion when granting an order for security for costs against a claimant resident outside the EU (or other relevant state): Bestfort Developments LLP v Ras Al-Khaimah … Continue reading

Leave a Comment

Filed under Costs, Interim applications

Court of Appeal upholds order for litigation funders to pay costs on the indemnity basis in high profile Excalibur litigation

Last Friday (18 November) the Court of Appeal dismissed an appeal brought by various third parties who funded the claims in the high profile Excalibur case. The decision gives important guidance on the extent to which commercial litigation funders will be liable for … Continue reading

1 Comment

Filed under Costs, Funding

Court of Appeal upholds order limiting recoverable costs to court fees where party failed to file costs budget

Lord Justice Jackson has delivered the leading judgment dismissing an appeal against imposition of the so-called "Mitchell" sanction where a party failed to file a costs budget when required to do so, so that he was treated as having filed a … Continue reading

Leave a Comment

Filed under Costs

Claimant ordered to reveal funder’s identity so defendant could apply for security for costs against funder

The High Court has ordered a claimant to reveal the identity of his litigation funder so that the defendant could apply for security for costs against the funder: Wall v The Royal Bank of Scotland [2016] EWHC 2460 (Comm). The … Continue reading

2 Comments

Filed under Costs, Funding