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20 October 2017
Issue: 7766 / Categories: Features , Procedure & practice , Costs
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Commercial funders versus ‘pure’ funders

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When can security be ordered against non-party funders? Richard Highley & Deirdre Lyons Le Croy report

  • Courts may now be prepared to order security for costs against third parties funding litigation for commercial reasons.

The decision of Hildyard J in The RBS Rights Issue Litigation [2017] EWHC 1217 (Ch), [2017] All ER (D) 173 (May) is a useful benchmark for defendants seeking security for costs on cases where litigation funding is present. The litigation involved applications for security against two different funders. It was a long-running case, involving exceptional levels of costs (£19.3m was sought as security), a very late application and multiple claimants with several (not joint) liability for costs under a group litigation order, making enforcing a costs order highly problematic.

A defendant may apply for a security for costs order against a non-party which contributes to the claimant’s costs in return for a share in the litigation proceeds but the court must be satisfied, in all the circumstances of the case,

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Shakespeare Martineau—David Vaughan

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Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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