Funding

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• Risk and reward - third party funding

  Article

  Submitted: 23 April 2012

  A report on the possibilities offered by third party funding of disputes and the issues involved.

• Recoverability of costs connected to ATE Insurance: Yao Essaie Motto & Ors v (1) Trafigura Ltd, (2) Trafigura Beheer BV

  Article

  Last Reviewed: 04 November 2011 / Submitted: 04 November 2011

  A Court of Appeal decision with significant implications for those considering alternate funding arrangements for litigation, and for those incurring costs defending claims brought by funded claimants.

• Litigation funding in England and Wales

  Article

  Last Reviewed: 25 May 2011 / Submitted: 25 May 2011

  Following the Ministry of Justice consultation on Lord Justice Jackson’s recommendations for reform of civil litigation funding, the Government has now responded.

• Recent decisions on litigation funding and CFAs: Limitation and champerty

  Article

  Last Reviewed: 18 April 2011 / Submitted: 18 April 2011

  A review of the 2011 Court of Appeal cases of Bayat v Cecil and Morris v London Borough of Southwark, both of which had to consider the impact of funding arrangements on the proceedings.

• Repudiatory breach and wasted costs damages

  Article

  Last Reviewed: 23 March 2011 / Submitted: 22 March 2011

  The Commercial Court has considered circumstances in which wasted costs damages are likely to be recoverable following termination of a contract for repudiatory breach.

• Recovering costs under a CFA and ATE insurance: Redwing Construction Ltd v Charles Wishart

  Article

  Last Reviewed: 16 February 2011 / Submitted: 16 February 2011

  In a dispute involving adjudication enforcement proceedings, the judge had already determined that costs were to be awarded on a standard basis. This case concerned the extent to which a claimant could recover costs under a conditional fee agreement (CFA) and after the event (ATE) insurance.

• CFAs and ATE: An unusual indemnity pays off and judge defers to underwriters

  Article

  Last Reviewed: 07 June 2010 / Submitted: 07 June 2010

  A review of recent decisions on After the Event insurance.

• Causation and non party costs orders

  Article

  Last Reviewed: 07 June 2010 / Submitted: 07 June 2010

  A recent case where the court held that, if there existed a causal connection between a non party to litigation and costs, that the non party might be subject to a non party costs order if it was just to do so.

• A recent decision on insurers’ rights, success fees and conditional fee agreements

  Article

  Last Reviewed: 11 March 2010 / Submitted: 11 March 2010

  The UK Court of Appeal holds that, unlike the legal aid which they have largely replaced, conditional fees are available to all parties, no matter how rich they are.

• A recent decision on the disclosure of ATE insurance policies

  Article

  Last Reviewed: 10 September 2009 / Submitted: 10 September 2009

  In Barr v Biffa Waste Services [2009] EWHC 1033 (TCC), the Court ordered the disclosure of the claimant`s after the event (ATE) insurance policy in contrast to earlier rulings which have held that before the event (BTE) insurance does not have to be disclosed.

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