Costs

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

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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

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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

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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

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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

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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

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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

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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

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High Court upholds arbitrator’s decision to award claimant the costs of third party funding

The High Court has held that a sole arbitrator did not exceed his powers in including the costs of third party funding within a costs award, and therefore refused a challenge to the arbitrator's award under s68(2)(b) of the Arbitration … Continue reading

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Recent decision illustrates dangers of not complying with pre-action protocols

In a recent decision, the County Court ordered a defendant to pay the costs of a claimant who discontinued her claim, reversing the usual costs position. This was on the basis that the defendant had failed to comply with the … Continue reading

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