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 the costs of defendants who successfully defend funded claims: Excalibur Ventures LLC v Texas Keystone … Read more

Courts taking tough line on disproportionate costs

A recent decision of the Senior Courts Costs Office shows that the post-Jackson test of proportionality can mean a significant reduction in the costs a successful party can recover, even if those costs were reasonably incurred: BNM v MGN Limited [2016] EWHC B13 (Costs). The decision will be of particular interest to those defending claims commenced … Read more