In this third episode of our series of commercial litigation update podcasts, we look at developments in disclosure and privilege since our February update, as well as some developments relating to costs and funding. This episode is hosted by Anna Pertoldi, who is joined by Maura McIntosh and Ajay Malhotra. Our podcast is available on … Read more
The High Court has imposed indemnity costs in two recent cases as a result of a party’s unreasonable failure to engage in ADR: DSN v Blackpool Football Club Ltd [2020] EWHC 670 (QB) and BXB v Watch Tower and Bible Tract Society of Pennsylvannia [2020] EWHC 656 (Admin). In both cases, the party’s belief in the strength of its … Read more
In a recent decision in the group litigation brought in respect of the Ingenious Media film partnerships, the High Court has granted the defendants’ application for security for costs against the claimants’ litigation funder, Therium: Rowe v Ingenious Media Holdings PLC [2020] EWHC 235 (Ch). The decision follows the court’s approach to security applications against … Read more
The Court of Appeal has today dismissed an appeal against a decision that a commercial funder of a failed claim was liable for all of the defendants’ costs from the date on which the funding agreement was entered into. There was no basis for interfering with the judge’s discretion in declining to apply the so-called … Read more
In a recent judgment, overturning the High Court’s decision, the Court of Appeal has ordered indemnity costs in favour of a successful defendant where the claimants should have known their claims were speculative/weak and where the defendant had made an early Part 36 offer: Lejonvarn v Burgess [2020] EWCA Civ 114. The present case acts … Read more
The Court of Appeal has confirmed that an offer which is made exclusive of interest cannot be a valid Part 36 offer: King v City of London Corporation [2019] EWCA Civ 2266. CPR 36.5(4) provides that a Part 36 offer to pay or accept a sum of money “will be treated as inclusive of all … Read more
The High Court has ordered a liquidator’s firm to pay a proportion of the costs incurred by successful defendants following judgment in proceedings commenced by a claimant company in liquidation. The court held that the liquidator’s firm should not be made liable for all of the defendants’ costs, but instead a sum equal to the … Read more
The Court of Appeal has unanimously held that the court has jurisdiction to order an interim payment on account of costs pursuant to CPR 44.2 where a Part 36 offer has been accepted within the relevant offer period, overturning the High Court’s decision that there was no such jurisdiction: Global Assets Advisory Services Ltd v … Read more
The Supreme Court has overturned the Court of Appeal’s decision to award non-party costs against an insurer under section 51 of the Senior Courts Act 1981, which gives the court full power to determine by whom and to what extent costs are to be paid: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48. The … Read more
