Lloyds/HBOS litigation: judgment on costs and permission to appeal

The High Court has handed down judgment on costs issues and an application for permission to appeal, following on from the court’s rejection last year of the claims brought against Lloyds in a shareholder class action relating to its acquisition of HBOS in 2008: Sharp & Ors v Blank & Ors [2020] EWHC 1870 (Ch). … Read more

Commercial litigation podcast series – Episode 3: General update

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

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