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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
Browse: Home » 2016 » November » 21

PROPORTIONATE COST ORDERS WHEN COSTS ARE £8 MILLION AND £10 MILLION APIECE: HIGH COURT DECISION

November 21, 2016 · by gexall · in Conduct, Costs, Costs budgeting, Members Content, Uncategorized

We have already looked at the decision in Amey LG Limited -v- Cumbria County Council [2016] EWHC 2496 (TCC) in relation to the question of proportionality. However the judgment contains much more of interest in relation to costs. It provides an…

PROPORTIONALITY DOES NOT AFFECT A PROPORTIONATE COSTS ORDER: HIGH COURT DECISION

November 21, 2016 · by gexall · in Assessment of Costs, Case Management, Costs, Members Content, Proportionality, Uncategorized

There are many aspects of the judgment in Amey LG Limited -v- Cumbria County Council [2016] EWHC 2496 (TCC) that are of interest to readers of this blog.  Here I want to explore the judgment in relation to proportionality. “The…

THIRD PARTY FUNDING: YOU WANT THE PROFITS YOU TAKE THE RISKS: EXCALIBUR IN THE COURT OF APPEAL

November 21, 2016 · by gexall · in Appeals, Applications, Assessment of Costs, Conduct, Costs, Members Content, Security for Costs, Third party funding, Uncategorized

In Excalibur Ventures LLC -v- Texas Keystone LLC [2016] EWCA Civ 1144 the Court of Appeal confirmed that commercial funders are liable to indemnify on the indemnity costs basis. “I can see no principled basis upon which the funder can…

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