Commercial litigation podcast series – Episode 13: General update

In this 13th episode of our series of commercial litigation update podcasts, we give an update on recent cases relating to force majeure in the context of US sanctions, trial witness statements, draft judgments provided under embargo, and privilege, as well as cases and developments concerning cryptocurrencies. This episode is hosted by Anna Pertoldi, a … Read more

Cryptocurrency insufficient to satisfy test for security for costs

In granting security for costs against a claimant company owned by Dr Craig Wright (who claims to be the creator of the Bitcoin system) and his family, the High Court has refused to allow the security to be paid in Bitcoin as that would not result in protection equal to a payment into court or … Read more

High Court once again upholds award of third party funding costs in arbitration

The Commercial Court has refused a challenge to an arbitral award brought on the basis of the tribunal’s award of the costs of third party funding to the successful party, finding that it did not constitute a serious irregularity under s68 of the 1996 Arbitration Act: Tenke Fungurume Mining SA v Katanga Contracting Services SAS … Read more

Government to introduce fixed recoverable costs for claims up to £100,000

On 6 September 2021, the government published its response to the 2019 consultation paper, Extending Fixed Recoverable Costs in Civil Cases: Implementing Sir Rupert Jackson’s Proposals (considered here). The response notes that it has been delayed principally due to the COVID-19 pandemic. As the name suggests, a fixed recoverable costs (FRC) regime fixes the amount … Read more

Commercial litigation podcast series – Episode 6: General update

In this sixth episode of our series of commercial litigation update podcasts, we briefly outline the impact of Brexit on disputes and dispute resolution clauses, focusing on practical points for commercial parties. We also look at some developments on privilege and funding, as well as an update on witness evidence reform, and finally we consider … Read more

Court of Appeal confirms regulations governing Damages-Based Agreements (DBAs) do not preclude terms providing for payment of time costs on termination, nor do they preclude hybrid arrangements

The Court of Appeal has confirmed that a Damages-Based Agreement, or DBA, can include a clause which entitles the legal representative to payment on a time cost basis if the DBA is terminated before the conclusion of the litigation: Zuberi v Lexlaw Ltd [2021] EWCA Civ 16. DBAs, otherwise known as contingency fees, are a … Read more