Litigation Notes

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 …

Government to introduce fixed recoverable costs for claims up to £100,000

On 6 September 2021, the government published its response to the 2019 consultation paper, Extending Fixed Recoverable Costs in Civil Cases: Implementing …

High Court considers principles relating to cut-off dates and the costs of advertising in group litigation

In a procedural judgment in the British Airways Data Event Group Litigation, the High Court has granted a modest extension to the cut-off date for …

High Court held it could determine costs where Part 36 offer accepted one day after expiry of relevant period, even though the offer contained a term as to costs

The High Court has found that a defendant who accepted a claimant’s Part 36 offer after the expiry of the relevant offer period could ask the court to …

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 …

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

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' …