Funding

Consumer claims to recover allegedly unlawful charges were validly assigned to claimant company

The High Court has found that a company was able to bring a claim in its own name to recover allegedly unlawful charges paid by third party consumers, where the company had taken an assignment of those claims in return for either an upfront … Continue reading

Leave a Comment

Filed under Funding

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

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

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

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

1 Comment

Filed under Costs, Funding

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

2 Comments

Filed under Announcements, Experts, Funding

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

Leave a Comment

Filed under Costs, Funding

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

Leave a Comment

Filed under Funding

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

Leave a Comment

Filed under Funding