Litigation Notes

Proposed regulation of litigation funding for proceedings in the EU

The European Parliament has published a proposed Directive to regulate commercial third party funding within the EU. The proposed Directive will not …

Court of Appeal confirms Damages-Based Agreements (DBAs) are not for defendants

The Court of Appeal has confirmed that Damages-Based Agreements (or DBAs) cannot be used by defendants as, under s.58AA of the Courts and Legal Services …

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 …

High Court confirms Damages-Based Agreements (DBAs) cannot be used by defendants

In a recent decision, the High Court has confirmed that a Damages-Based Agreement, or DBA, will not be enforceable if it purports to entitle the legal …

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 …

Article published - Damages-based agreements and termination: a small chink of light

Damages-based agreements (or DBAs), under which a lawyer can receive an agreed percentage of any damages in the event of success, were introduced to …

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

Article published - Funders’ liability for adverse costs: scrapping the cap

As explained in this previous post, the Court of Appeal has recently dismissed an appeal against a decision which declined to apply the so-called …

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’ …