The High Court has found that a commercial funder was liable for all of the defendants’ costs incurred in successfully defending a funded claim, from the date on which the funding agreement was entered into. The court declined to apply the so-called Arkin cap to limit the funder’s liability for adverse costs to the amount … Read more
In a recent judgment, the Court of Appeal upheld a decision to strike out a claim as an abuse of the court’s process, where the claim repeated an earlier claim which had been struck out as a result of the claimant’s failure to provide security for costs pursuant to an unless order: Harbour Castle Limited … Read more
The High Court has applied Court of Appeal authority to rule that Protective Costs Orders (PCOs) are not available to claimants in private law litigation, in what appears to be the first decision relating to PCOs in the specific context of a claim under Part 7 of the Civil Procedure Rules: Jolyon Maugham QC v … Read more
On 28 March 2019, the government published a consultation seeking views on implementing the proposals in Lord Justice Jackson’s report on fixed recoverable costs (“FRC”) for civil claims, which was published on 31 July 2017 (see this post). The consultation will be open until 6 June 2019. Lord Justice Jackson’s report recommended extending the current … Read more
The High Court has refused an application for relief from sanctions in relation to a failure to comply with an unless order for the payment of costs arising from a failed interlocutory application: Consult II SRO v Shire Warwick Lewis Capital Ltd [2019] EWHC 286 (Comm). In refusing to provide relief from sanctions, the court has … Read more
The government has today published the results of its post-implementation review of the key legislation that implemented the costs and funding aspects of the Jackson reforms in April 2013: Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2013 (LASPO). The review includes the introduction of damages-based agreements (or DBAs), as well as the removal … Read more
In a recent decision, the High Court has made a non-party costs order against a law firm’s professional indemnity insurer, in circumstances where the insurer had effectively relinquished control of the defence of the litigation: Various Claimants v Giambrone & Law [2019] EWHC 34 (QB). The decision illustrates that the court’s discretion to order costs … Read more
A voluntary capped costs pilot will run for two years from 14 January 2019 for cases valued at between £100,000 and £250,000 in the London Circuit Commercial Court (formerly the Mercantile Court) and the business and property courts in Manchester and Leeds. Based on the capped costs regime in the Intellectual Property and Enterprise Court, … Read more
