Litigation Notes

Two recent cases illustrate that belief in a strong case does not justify refusing to engage with ADR

The High Court has imposed indemnity costs in two recent cases as a result of a party’s unreasonable failure to engage in ADR: DSN v Blackpool Football …

High Court orders security for costs against member of Association of Litigation Funders  

In a recent decision in the group litigation brought in respect of the Ingenious Media film partnerships, the High Court has granted the defendants’ …

Court of Appeal confirms funders' adverse costs liability not limited to amount of funding provided: Arkin "cap" not a binding rule

The Court of Appeal has today dismissed an appeal against a decision that a commercial funder of a failed claim was liable for all of the defendants' …

Court of Appeal decision highlights indemnity costs risk where claimant pursues speculative claims and unreasonably refuses Part 36 offer

In a recent judgment, overturning the High Court's decision, the Court of Appeal has ordered indemnity costs in favour of a successful defendant …

Court of Appeal confirms Part 36 offer cannot be made exclusive of interest

The Court of Appeal has confirmed that an offer which is made exclusive of interest cannot be a valid Part 36 offer: King v City of London Corporation …

Liquidator's firm ordered to pay costs of insolvent company's unsuccessful litigation

The High Court has ordered a liquidator's firm to pay a proportion of the costs incurred by successful defendants following judgment in proceedings …

Court of Appeal confirms jurisdiction to award claimant interim payment on account of costs where Part 36 offer accepted within relevant period

The Court of Appeal has unanimously held that the court has jurisdiction to order an interim payment on account of costs pursuant to CPR 44.2 where a …

Supreme Court decision clarifies when non-party costs orders should be made against insurers

The Supreme Court has overturned the Court of Appeal's decision to award non-party costs against an insurer under section 51 of the Senior Courts Act …

Damages-based agreements (DBAs): promising proposals for reform

High Court finds impliedly "without prejudice" correspondence admissible on questions of costs

In a recent decision, the High Court has distinguished between correspondence which is expressly stated to be "without prejudice" and that which is only …

High Court orders Russian claimant to provide security for costs despite evidence of assets in Switzerland and Cyprus

The High Court has granted an order for security for costs against a Russian claimant, on the basis that there was a real risk that any costs order …

High Court declines to apply so-called Arkin cap to restrict funder's liability for adverse costs

The High Court has found that a commercial funder was liable for all of the defendants' costs incurred in successfully defending a funded claim, from the …