Tag Archives: Third party 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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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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Government rules out “hybrid” Damages-Based Agreements (DBAs)

The Ministry of Justice has asked the Civil Justice Council (CJC) to review the regulations governing DBAs to consider possible improvements, but has ruled out the introduction of “hybrid” arrangements where a lawyer could combine a DBA with some other form of retainer … Continue reading

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Litigation funders ordered to pay indemnity costs

A High Court decision handed down yesterday (23 October) has significant implications both for third parties who fund litigation on commercial terms and for defendants who face claims brought with the benefit of such funding: Excalibur Ventures LLC v Texas Keystone Inc and … Continue reading

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High Court finds litigation funder was entitled to terminate funding agreement

In a rare decision on termination of a litigation funding agreement, the High Court has held that the funder validly terminated the agreement under a clause which allowed termination if in the funder’s reasonable opinion the claimant’s prospects of success … Continue reading

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Working party recommends no cap on contingency fees for commercial cases

The working party set up to consider fundamental issues relating to the planned introduction of contingency fees, or “damages based agreements” (DBAs), published its report and recommendations on Friday (3 August). The key recommendations affecting commercial clients are: There should not be a cap … Continue reading

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New code of conduct for litigation funders

A new code of conduct for litigation funders (who fund litigation or arbitration in return for a share of the proceeds) was launched on Wednesday, 23 November. Lord Justice Jackson’s lecture on litigation funding (the sixth in his series of lectures in … Continue reading

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Filed under Collective actions, Funding

Recent case on champerty

The recent case of Mansell v Robinson [2007] EWHC 101 (QB) has demonstrated the court’s modern, more flexible approach to the rules against champerty. The court will not apply a mechanistic rule but will consider each case on its facts, … Continue reading

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