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Court of Appeal clarifies test for granting security for costs against non-EU claimants
A recent Court of Appeal decision has clarified how the court will exercise its discretion when granting an order for security for costs against a …
Court of Appeal upholds order for litigation funders to pay costs on the indemnity basis in high profile Excalibur litigation
Last Friday (18 November) the Court of Appeal dismissed an appeal brought by various third parties who funded the claims in the high profile …
Court of Appeal upholds order limiting recoverable costs to court fees where party failed to file costs budget
Lord Justice Jackson has delivered the leading judgment dismissing an appeal against imposition of the so-called "Mitchell" sanction where a party …
Claimant ordered to reveal funder's identity so defendant could apply for security for costs against funder
The High Court has ordered a claimant to reveal the identity of his litigation funder so that the defendant could apply for security for costs against …
High Court upholds arbitrator’s decision to award claimant the costs of third party funding
The High Court has held that a sole arbitrator did not exceed his powers in including the costs of third party funding within a costs award, and …
Recent decision illustrates dangers of not complying with pre-action protocols
In a recent decision, the County Court ordered a defendant to pay the costs of a claimant who discontinued her claim, reversing the usual costs position. …
Court of Appeal considers appropriate costs order where claimant succeeded against some defendants but failed against others
In a recent decision, the Court of Appeal ordered the losing defendants to contribute to the costs the claimant was required to pay to the successful …
Courts taking tough line on disproportionate costs
A recent decision of the Senior Courts Costs Office shows that the post-Jackson test of proportionality can mean a significant reduction in the …
Recent decision highlights costs risk in issuing a claim form which is not then served
Significant costs can be incurred in the pre-action period while parties investigate a claim and follow pre-action protocols. At the same time, it …
Court of Appeal finds Part 36 precludes split costs order unless full costs recovery would be unjust
The Court of Appeal has overturned an order depriving a claimant of part of her costs where she had beaten her own Part 36 offer: Webb v Liverpool …
Court of Appeal orders security for costs against claimant who was reticent about its financial position
The Court of Appeal has recently confirmed that security for a defendant's costs will often be granted against a foreign company who is not obliged to …
Court of Appeal reminds insurers of cost risk in defending insureds
The Court of Appeal has upheld a decision to make a non-party costs order against an insurer who defended its insured in proceedings: Legg and …
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