‘The Court of Appeal has ruled that a litigation funder can be exposed to higher costs than those they committed to backing a claim in a ruling that will send shock-waves through the sector.’
Law Society's Gazette, 26th February 2020
Source: www.lawgazette.co.uk
‘The Arkin cap is not a binding rule and judges have the discretion to order commercial funders to pay more than they have spent on a case, the Court of Appeal has held in a landmark decision.’
Litigation Futures, 25th February 2020
Source: www.litigationfutures.com
‘As all legal practitioners know, good experts win cases. Conversely, bad experts can not only lose cases, but sometimes they can cause a bad case to enter
or remain in existence, wasting time, effort and money. Such was the case in Thimmaya v Lancashire NHS Foundation Trust, where, in a judgment that will understandably alarm the medico-legal world, the County Court decided that a third party costs order should be made against the Claimant’s expert witness, in the sum of £88,801.68.’
Hailsham Chambers, 21st February 2020
Source: www.hailshamchambers.com
‘A circuit judge has made a “highly unusual” and large third-party costs order against a claimant’s medical expert witness, whose “improper, unreasonable, or negligent conduct” doomed the case.
Litigation Futures, 14th February 2020
Source: www.litigationfutures.com
‘Sarah Hunter, Senior Associate and Eleanor Cawthra, Associate Mills & Reeve LLP consider the important news and case law relating to financial remedies and divorce during February 2020.’
Family Law Week, 12th February 2020
Source: www.familylawweek.co.uk
‘For individual landlords unfamiliar with the courts, recovering possession from tenants must often seem like a daunting proposition. It is therefore unsurprising that many such landlords turn to the wide variety of landlord advice companies that advertise support and assistance. These advice companies often offer different ‘packages’, ranging from simply drafting letters before action to pursuing possession orders right through to judgment.’
Pallant Chambers, 30th January 2020
Source: www.pallantchambers.co.uk
‘Likely payments from third parties, including insurers, may be considered when the assessing what sums are reasonable and accordingly payable in respect of service charges in advance under s.19 (2) Landlord and Tenant Act 1985.’
Tanfield Chambers, 21st January 2020
Source: www.tanfieldchambers.co.uk
‘The High Court has characterised a liquidator’s firm as a real party to the litigation which it funded as it stood to make financial gain from the action and was therefore found not to be a pure funder facilitating access to justice.’
OUT-LAW.com, 10th January 2020
Source: www.pinsentmasons.com
‘The issue of Third Party Ownership in football remains a live one, despite FIFA’s outright prohibition in 2015. Any analysis of the current landscape needs to start with an understanding of what is meant by Third Party Ownership, or TPO for short.’
Blackstone Sports Law Bulletin, 6th January 2020
Source: www.sportslawbulletin.org
‘A High Court ruling refusing to set aside £4.3m judgment in default in a suppressed sales case shows the strength of the litigation funding model used by Manolete Partners, it has been argued.’
Litigation Futures, 5th December 2019
Source: www.litigationfutures.com
‘The Respondent (“R”) provides mental health services including a secure, residential unit for men who are the subject of a treatment order under s3 Mental Health Act 1987.’
3PB, 4th November 2019
Source: www.3pb.co.uk
‘The High Court has ordered the wife and mother-in-law of a Kazakh businessman, the subject of a “very substantial fraud claim”, to pay the claimants’ costs bill of over £12m.’
Litigation Futures, 3rd December 2019
Source: www.litigationfutures.com
‘The market of clients using litigation finance through choice rather than necessity – especially companies looking to offload their liability for portfolios of cases – remains “almost entirely unaddressed”, an AIM-listed funder has told investors.’
Litigation Futures, 28th November 2019
Source: www.litigationfutures.com
‘This is an important Court of Appeal decision concerning Landlord and Tenant Act 1985, s.19(2) and the reasonable sum payable in advance on account of works where the landlord may be able in future to recover some of the costs from a third party.’
Nearly Legal, 12th November 2019
Source: nearlylegal.co.uk
‘Alaina Wadsworth, Ben Brown, Ed Foss and Thomas Pangbourne, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court on 30 October 2019, in the matter of Travelers Insurance Company Ltd v XYZ [2019] UKSC 48.’
UKSC Blog, 11th November 2019
Source: ukscblog.com
‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), the Competition Appeal Tribunal has ruled.’
Litigation Futures, 4th November 2019
Source: www.litigationfutures.com
‘This appeal concerned who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants. It allows the Supreme Court to review the principles concerning third-party costs orders. 426 uninsured claimants applied to the court for an order that Travelers pay their costs. The High Court and Court of Appeal held that Travelers be ordered to pay them, albeit for slightly different reasons. Travelers appealed to the Supreme Court.’
UKSC Blog, 30th October 2019
Source: ukscblog.com
‘A High Court judge has deprecated a claimant’s request for a third party to review a draft judgment so that it could have the chance to pay money to suppress publication.’
Litigation Futures, 31st October 2019
Source: www.litigationfutures.com
‘The Supreme Court has overturned a ruling by the Court of Appeal that the only limit on the court’s discretion to make third-party costs orders against insurers was that it must be exercised justly.’
Litigation Futures, 30th October 2019
Source: www.litigationfutures.com
‘The Competition Appeal Tribunal (“CAT”) has today (28 October 2019) handed down its decision in the Trucks Cartel claims dealing with the funding of the claims.’
Hardwicke Chambers, 28th October 2019
Source: hardwicke.co.uk
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