Court of Appeal clarifies extent to which ATE insurance policy is relevant when considering security for costs

A recent Court of Appeal decision confirms that the court can take account of a claimant’s after-the-event (ATE) insurance policy when considering whether to make an order for security for costs: Premier Motorauctions Ltd v PricewaterhouseCoopers LLP [2017] EWCA Civ 1872. The central question will be whether the policy provides the defendant with sufficient protection … Read more

Jackson LJ recommends fixed recoverable costs for claims up to £100,000

Lord Justice Jackson’s report on fixed recoverable costs has been published today. The key recommendation is to introduce a new intermediate track for claims between £25,000 and £100,000, which are of no more than modest complexity and could be tried in three days or less. The new track would have streamlined procedures and be subject to a … Read more

Voluntary pilot of capped costs scheme for claims up to £250,000

A two-year pilot is to be introduced to test the use of a capped costs scheme in High Court claims valued at up to £250,000 which are proceeding in the London Mercantile Court or the Mercantile, Chancery or Technology and Construction (TCC) courts in Manchester and Leeds (excluding personal injury cases). The pilot was approved in principle … Read more

High Court orders security for costs against third party funder supporting group litigation

The High Court has granted an application for security for costs against a commercial litigation funder supporting the then remaining claimants in the RBS Rights Issue Litigation. It declined to order security against another third party which was not in litigation funding as a business and was not primarily motivated by a wish to profit from the provision of funding: The … Read more