Article published – Funders’ liability for adverse costs: scrapping the cap

As explained in this previous post, the Court of Appeal has recently dismissed an appeal against a decision which declined to apply the so-called Arkin cap to limit a commercial funder’s liability to the amount of the funding it had provided. The decision confirms that the Arkin cap is not a binding rule, and the court retains a broad discretion … Read more

HSF overview of collective damages claims in competition cases in the UK published in GCR Guide to Private Litigation

Our competition litigation team’s overview of collective damages claims in competition cases in the UK has recently been published as part of Global Competition Review’s new Guide to Private Litigation. The rest of the Guide is available for free to GCR subscribers here. The HSF chapter considers the current trends in collective or class actions and … Read more

First securities class action judgment in Australia

The Australian Federal Court has recently handed down judgment in the first securities class action in Australia to reach trial: TPT Patrol Pty Ltd as trustee for Amies Superannuation Fund v Myer Holdings Limited [2019] FCA 1747. The decision is likely to be of interest from a UK securities litigation perspective. A briefing paper setting out the … Read more

Insurance issues in class actions – new webinar and “handy client guide”

Herbert Smith Freehills has today released the fourth in our series of webinars on class actions in England and Wales, looking at insurance issues in class actions. In the presentation Sarah McNally and Greig Anderson discuss how to maximise insurance recoveries when class action risk arises. Clients and contacts of the firm can register to access … Read more