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

Article published – Redrafted DBA Regulations: a promising basis for reform

As explained in this previous post, a proposed redrafted version of the regulations governing Damages-Based Agreements (DBAs) has recently been published, and addresses many of the key problems with the current regulations, the DBA Regulations 2013. Maura McIntosh has published a post on Practical Law’s Dispute Resolution blog which welcomes the redraft of the regulations … Read more

Damages-based agreements (DBAs): promising proposals for reform

A proposed redrafted version of the regulations governing DBAs was presented yesterday at a conference at The Old Hall, Lincoln’s Inn. The 2019 draft regulations have been prepared by Professor Rachael Mulheron and Nicholas Bacon QC, who were invited by the Ministry of Justice to conduct an independent review of the 2013 DBA Regulations in … Read more

Court of Appeal overturns non-party costs order due to a “failure to warn”

The Court of Appeal has overturned a High Court decision granting a non-party costs order against an insolvent company’s director and majority shareholder. The court cited the claimant’s failure to warn the non-party of its intention to seek such an order as fatal to the application: Sony/ATV Music Publishing LLC v WPMC Ltd (in liquidation) … Read more

Article published – Damages-Based Agreements: A chance to make them work?

The government has recently launched its post-implementation review of the key legislation that implemented the Jackson reforms, including the introduction of damages-based agreements (or DBAs), back in April 2013: Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2013 (LASPO). The review includes a stakeholder conference held by the Civil Justice Council on 30 June and an online … Read more