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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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NON-PARTY COSTS ORDER MADE AGAINST CAR HIRE FIRM: ANOTHER SKIRMISH IN A FORENSIC WAR

NON-PARTY COSTS ORDER MADE AGAINST CAR HIRE FIRM: ANOTHER SKIRMISH IN A FORENSIC WAR

June 19, 2017 · by gexall · in Appeals, Costs, Third party funding

The opening words of Mr Justice Turner’s judgment in Select Car Rentals (North West) Limited -v- Esure Services Limited [2017] EWHC 1434 (QB) contain an undeniable truth. The judge was upholding a decision to award costs against a car hire…

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, 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…

CLAIMANT MUST REVEAL IDENTITY OF THIRD PARTY FUNDERS: HIGH COURT DECISION

October 12, 2016 · by gexall · in Security for Costs, Third party funding, Uncategorized

In Wall -v- The Royal Bank of Scotland PLC [2016] EWHC 2460 (Comm) (Mr Andrew Baker QC sitting as a High Court Judge) the claimant was ordered to reveal the identity of third party funders. KEY POINTS The court has…

APPLICATION TO DISCLOSE THIRD PARTY FUNDER REFUSED

August 7, 2016 · by gexall · in Assessment of Costs, Costs, Third party funding, Uncategorized, Useful links

The opening passages of the judgment of H.H. Judge Keyser Q.C. in Dawnus Sierra Leone Limited -v- Timis Mining Corporation Limited [2016] EWHC B19 (TCC) deal with the issue of disclosure of details of third party funding. KEY POINTS A…

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  • THE ABSENCE OF A REPLY TO A DEFENCE DOES NOT MEAN THAT IT COULD BE ASSUMED THAT THE ACCOUNT IN THE DEFENCE WAS ACCEPTED
  • PROVING THINGS 250: FAILING TO PROVE IMPECUNIOSITY: A BARE ASSERTION IS NOT ADEQUATE
  • PROVING THINGS 249: APPELLANT FAILS TO PROVE LACK OF CAPACITY: SHORTFALLS WITH THE EXPERT EVIDENCE
  • COSTS BITES 73: IN A WASTED COSTS APPLICATION THE APPLICANTS FAILED TO GET PAST THE FIRST STAGE
  • COST BITES 72 : COSTS BETWEEN CREDITOR AND SUPPLIER UNDER THE CONSUMER CREDIT ACT: CREDITOR’S ARGUMENT HITS A (BLACKPOOL) ROCK

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  • THE ABSENCE OF A REPLY TO A DEFENCE DOES NOT MEAN THAT IT COULD BE ASSUMED THAT THE ACCOUNT IN THE DEFENCE WAS ACCEPTED
  • PROVING THINGS 249: APPELLANT FAILS TO PROVE LACK OF CAPACITY: SHORTFALLS WITH THE EXPERT EVIDENCE
  • PROVING THINGS 250: FAILING TO PROVE IMPECUNIOSITY: A BARE ASSERTION IS NOT ADEQUATE
  • COSTS BITES 73: IN A WASTED COSTS APPLICATION THE APPLICANTS FAILED TO GET PAST THE FIRST STAGE
  • COST BITES 72 : COSTS BETWEEN CREDITOR AND SUPPLIER UNDER THE CONSUMER CREDIT ACT: CREDITOR'S ARGUMENT HITS A (BLACKPOOL) ROCK

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