Litigation funders not required to fortify cross-undertakings in dispute over enforceability of funding agreement

The High Court has refused to order two litigation funders to provide fortification for cross-undertakings in damages given in relation to asset freezing/preservation orders they had obtained over settlement proceeds in funded litigation: Omni Bridgeway (Fund 5) Cayman Invt Ltd v Bugsby Property LLC [2023] EWHC 2755 (Comm). The decision arose in a dispute between … Read more

Flexible approach applied in granting preliminary injunction to prevent party harassing opponent’s solicitors

In a recent decision, the High Court has upheld a decision granting a novel injunction which prohibited a defendant from abusing, harassing, assaulting or threatening the claimant’s solicitors until trial or further order: Linemile Properties Ltd v Plater [2023] EWHC 810 (Ch). The defendant argued that the interim injunction should not have been granted as … Read more

Court of Appeal upholds strike-out of malicious falsehood claim as an abuse of process and because it disclosed no reasonably arguable claim for pecuniary loss

The Court of Appeal has upheld a decision to strike out a malicious falsehood claim on the grounds that the proceedings were abusive and disclosed no reasonable cause of action under s. 3(1) of the Defamation Act 1952: Tinkler v Ferguson [2021] EWCA Civ 18. The judgment addresses the application of the law on abuse … Read more

Commercial litigation podcast series – Episode 4: General update

In this fourth episode of our series of commercial litigation update podcasts, we look at a variety of cases and developments, including an update on the disclosure pilot and proposals in relation to witness statements. We also look at recent cases on privilege, witness evidence, access to court documents, claim notices and freezing injunctions. This … Read more