Litigation Notes

Supreme Court confirms proper approach to determining appropriate currency for costs order

High Court finds there is no discretion to order security for costs in favour of an interested party

Security for costs: Claimant ordered to provide security despite ATE policy with anti-avoidance endorsement

High Court grants broad disclosure in support of non-party costs application against director / funders

Security for costs: High Court rejects parent company guarantee in favour of payment into court

In the context of a claim by a Russian company against two banks for failing to pay sums due under on-demand bonds, the High Court has allowed the banks’ …

Litigation funders not required to fortify cross-undertakings in dispute over enforceability of funding agreement

Regime of fixed recoverable costs now in force for claims up to £100,000

The new rules for fixed recoverable costs (FRC) took effect from 1 October, following on from the government's announcement as far back as September 2021 …

Costs reforms: proposed changes to costs budgeting, guideline hourly rates and pre-action costs

Last week the Civil Justice Council (CJC) published the Final Report in its Costs Review, conducted by a working group led by Lord Justice Birss. …

English High Court holds English court judgments can be enforced in the United Arab Emirates

In the context of an application for security for costs on the basis that the claimant was resident in the United Arab Emirates ("UAE"), the High Court …

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

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 …