Funding

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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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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Civil Justice Council working group to review “hot-tubbing” of experts and other topics

A CJC working group has been set up to consider and review a series of discrete topics relating to civil litigation, which will ultimately feed into the Ministry of Justice’s Post‐Implementation Review of the Jackson reforms, which is due in … Continue reading

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Court of Appeal orders costs against director who controlled and funded the company’s litigation

The Court of Appeal has upheld an order that a third party to proceedings, who was the sole director and shareholder of the defendant company, should be joined to the proceedings and ordered to pay some £36 million on account of the … Continue reading

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Jackson reforms will apply to insolvency litigation from April 2016

The government has today announced that the insolvency exception to the Jackson reforms will come to an end in April next year. This means that CFA success fees and ATE insurance premiums will no longer be recoverable in proceedings brought by liquidators, administrators, … Continue reading

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Lord Justice Jackson urges extension of his reforms to insolvency proceedings

In a lecture delivered on 16 October, Lord Justice Jackson has argued the case in favour of bringing insolvency litigation into line with other types of civil litigation, where CFA success fees and ATE insurance premiums are no longer recoverable from … Continue reading

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Article published on the future for Damages-Based Agreements

In early September the Civil Justice Council issued its report on DBAs, which makes a number of drafting and policy recommendations aimed at improving and clarifying the statutory regime governing DBAs. Maura McIntosh, who was a member of the CJC working group, has … Continue reading

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Civil Justice Council recommendations for reform of Damages-Based Agreements (DBAs)

The Civil Justice Council has today issued its report and recommendations following its review of the regulations governing DBAs. The review was prompted by a request from the Ministry of Justice last November (see post). The working group was chaired by Professor Rachael … Continue reading

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Supreme Court rules recoverable success fees / ATE premiums do not breach Article 6 rights

In a judgment handed down this morning, 22 July, the Supreme Court held (by a majority of five to two) that a claimant’s right to recover a conditional fee agreement (CFA) success fee and after-the-event (ATE) insurance premium from an unsuccessful … Continue reading

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