Litigation Notes

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' …

Article published - Redrafted DBA Regulations: a promising basis for reform

As explained in this previous post, a proposed redrafted version of the regulations governing Damages-Based Agreements (DBAs) has recently been …

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

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 …

Government accepts need for greater clarity in regulations governing damages-based agreements

The government has today published the results of its post-implementation review of the key legislation that implemented the costs and funding aspects of …

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 …

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 …

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 …

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 …

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 …

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 …

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 …