Litigation Notes

High Court finds onus on non-resident respondent to application for security for costs to provide evidence of location, nature and value of assets

Commercial litigation podcast series – Episode 13: General update

Cryptocurrency insufficient to satisfy test for security for costs

High Court once again upholds award of third party funding costs in arbitration

The Commercial Court has refused a challenge to an arbitral award brought on the basis of the tribunal’s award of the costs of third party funding to the …

Government to introduce fixed recoverable costs for claims up to £100,000

On 6 September 2021, the government published its response to the 2019 consultation paper, Extending Fixed Recoverable Costs in Civil Cases: Implementing …

High Court considers principles relating to cut-off dates and the costs of advertising in group litigation

In a procedural judgment in the British Airways Data Event Group Litigation, the High Court has granted a modest extension to the cut-off date for …

High Court held it could determine costs where Part 36 offer accepted one day after expiry of relevant period, even though the offer contained a term as to costs

The High Court has found that a defendant who accepted a claimant’s Part 36 offer after the expiry of the relevant offer period could ask the court to …

Commercial litigation podcast series – Episode 6: General update

Court of Appeal clarifies that cross-undertakings should rarely be required as a condition of security for costs

In a marked shift from previous first instance decisions, the Court of Appeal has provided guidance on the circumstances in which a defendant seeking …

Court of Appeal confirms regulations governing Damages-Based Agreements (DBAs) do not preclude terms providing for payment of time costs on termination, nor do they preclude hybrid arrangements

The Court of Appeal has confirmed that a Damages-Based Agreement, or DBA, can include a clause which entitles the legal representative to payment on a …

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 …

Commercial litigation podcast series – Episode 3: General update