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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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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, Members Content, 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, 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…

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

October 12, 2016 · by gexall · in Members Content, 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, Members Content, 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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COST BITES 435: £4 MILLION SPENT IN COSTS AND NEITHER PARTY WILL RECOVER A PENNY FROM THE OTHER: A "PYRHHIC" VICTORY LEADS TO NO ORDER FOR COSTS...
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A WIDOW CANNOT BRING AN ACTION UNDER THE FATAL ACCIDENTS ACT WHERE HER HUSBAND SETTLED THE PERSONAL INJURY ACTION AGAINST A CONCURRENT TORTFEASOR IN HIS LIFETIME
COST BITES 437: SHOULD THE DEFENDANT'S CONDUCT OF THE ACTION LEAD TO INDEMNITY COSTS BEING AWARDED? YES IT SHOULD...
WHEN A COURT MAY MAKE NO ORDER FOR COSTS: THE FACTORS CONSIDERED: 12 KEY POINTS AND A USEFUL CHECKLIST FOR PRACTITIONERS

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