Funding

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 … Continue reading

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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). … Continue reading

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Cross-border litigation: international perspectives

We are pleased to release the third issue of our periodic publication “Cross-Border Litigation”, designed to highlight legal and practical issues specific to litigation with an international aspect. Tapping into the expertise of the firm’s leading commercial litigators across the … Continue reading

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Article published – Litigation funding: does the cap fit?

It is well established that, where a third party funds litigation in return for a share of the proceeds, the funder is potentially liable for adverse costs if the claim fails. That liability is generally thought to be subject to the … Continue reading

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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 … Continue reading

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Consumer claims to recover allegedly unlawful charges were validly assigned to claimant company

The High Court has found that a company was able to bring a claim in its own name to recover allegedly unlawful charges paid by third party consumers, where the company had taken an assignment of those claims in return for either an upfront … Continue reading

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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 … Continue reading

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High Court orders claimants to reveal identity of litigation funders who “stand in the front-line” in group litigation

The High Court has ordered the remaining claimant group in the RBS Rights Issue Litigation to reveal the identity of those funding the litigation, so that the defendants can consider whether to apply for security for costs against them: [2017] … Continue reading

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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 … Continue reading

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Claimant ordered to reveal funder’s identity so defendant could apply for security for costs against funder

The High Court has ordered a claimant to reveal the identity of his litigation funder so that the defendant could apply for security for costs against the funder: Wall v The Royal Bank of Scotland [2016] EWHC 2460 (Comm). The … Continue reading

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