Litigation funding agreements are not DBAs, Court of Appeal judges confirm – Litigation Futures

‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), three Court of Appeal judges – albeit sitting in the Divisional Court – have decided.’

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Litigation Futures, 8th March 2021

Source: www.litigationfutures.com

Insolvent Defendants – St John’s Chambers

Posted February 11th, 2021 in chambers articles, insolvency, insurance, news, personal injuries, third parties by sally

‘The continuing impact of the Covid-19 pandemic is slowly but surely beginning to cast a shadow over personal injury claims. As the months have rolled on, viable businesses, starved of custom, are facing the prospect of being forced to cease trading. Those same businesses are the Defendants in many ongoing and pending claims. So, what happens when a Defendant becomes insolvent?’

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St John's Chambers, February 2021

Source: stjohnsbuildings.com

Irwell v Watson: tribunals as a one stop shop – by John Bowers QC – Littleton Chambers

Posted February 11th, 2021 in chambers articles, employment tribunals, insurance, news, third parties by sally

‘Employment tribunals were intended when first introduced in 1963 to be easily accessible, simple, and straightforward but have gradually taken on more of the appearance of courts. There was a somewhat naive belief in the beginning that justice in such tribunals could be achieved without the parties needing lawyers. The presiding officer was called a chair but is now a judge. And tribunals of course now deal with cases of great complexity, recondite legal areas and with millions at stake. A continuing fundamental difference from a court, however, is that the tribunal has no inherent jurisdiction but only what the dizzying array of statutes provide them.’

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Littleton Chambers, 5th February 2021

Source: littletonchambers.com

Guidance on the approach to applications under section 10A of POCA 2002—civil rules and the family home (R v Forte) – 5SAH

‘This case sets out the key principles and procedure to be followed under applications pursuant to section 10A of the Proceeds of Crime Act 2002 (POCA 2002) where the court has to determine the extent of the interest of a third party in property held by a defendant that is likely to be realised or otherwise used to satisfy a confiscation order. The court held that where the prosecution intends to prove that a defendant has a beneficial interest in property and another holds, or may hold, an interest in that property, the burden and standard to be applied are those of the civil standard. Where matrimonial property is concerned, the court is entitled to look to the evidence and draw such inferences as they see fit to determine whether beneficial interest should follow legal title. Such evidence can include sham divorce proceedings and the use of property for a joint purpose.’

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5SAH, 30th November 2020

Source: www.5sah.co.uk

131: Deputyship Orders in the Court of Protection – Amelia Walker – Law Pod UK

Posted December 1st, 2020 in costs, Court of Protection, news, podcasts, third parties by sally

‘Earlier this year Hilder J considered the question of whether a deputy can recover their costs from the protected person’s assets when they have instructed a legal firm with which they are associated. Amelia Walker discusses this judgment, which also outlines the limits of a deputy’s authority, with Rosalind English.’

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Law Pod UK, 30th November 2020

Source: audioboom.com

Private prosecutor bringing High Court enforcement proceedings can claim costs from central funds (Mirchandani v Chancellor) – 5SAH

Posted November 19th, 2020 in confiscation, costs, enforcement, news, proceeds of crime, third parties by sally

‘The court held that a private prosecutor was entitled to recover their costs from central funds in relation to a High Court application for enforcement of a confiscation order. Such proceedings are “in respect of an indictable offence” for the purposes of section 17 of the Prosecution of Offences Act 1985 (POA 1985). The court also held that, where the private prosecutor, in the same proceedings, had been ordered to pay the costs of a third party (having unsuccessfully asserted that the third party had been in receipt of a tainted gift), then those costs were also recoverable from central funds. While the confiscation proceedings in question had arisen under the Criminal Justice Act 1988 (CJA 1988), the court held that the same principles would apply under the Proceeds of Crime Act 2002 (POCA 2002).’

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5SAH, 13th November 2020

Source: www.5sah.co.uk

Court of Appeal affirms importance of data in horseracing case – OUT-LAW.com

Posted November 4th, 2020 in appeals, data protection, news, sport, third parties, unlawful means conspiracy by tracey

‘The Court of Appeal in London has strengthened the tools available to rights holders when seeking to control and exploit commercially valuable data within sport and set out the pitfalls for third parties who seek to do the same without clear, unambiguous approval from a rights holder.’

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OUT-LAW.com, 3rd November 2020

Source: www.pinsentmasons.com

Court orders costs repayment after client did not consent to deduction – Law Society’s Gazette

‘Fee-recovery lawyers say millions of clients could stand to benefit from a court judgment which reduced legal fees deducted from compensation.’

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Law Society's Gazette, 19th October 2020

Source: www.lawgazette.co.uk

Case Comment: Sevilleja v Marex Financial Ltd [2020] UKSC 31 – UKSC Blog

Posted September 4th, 2020 in appeals, company law, damages, debts, insolvency, news, shareholders, Supreme Court, third parties by sally

‘In this case comment, David Bridge and Jessica Foley, both solicitor-advocates within the CMS litigation & arbitration team, comment on the decision handed down by the UK Supreme Court earlier this summer in the matter of Sevilleja v Marex Financial Ltd [2020] UKSC 31, which concerned whether the rule against reflective loss bars creditors of a company from claiming directly against a third party for asset-stripping the company.’

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UKSC Blog, 4th September 2020

Source: ukscblog.com

When can contractual limitation of liability clause limit third party’s tort claim? – Practical Law: Construction Blog

Posted September 2nd, 2020 in construction industry, contracts, duty of care, negligence, news, third parties by tracey

‘This was the question the court was asked to answer in RSK Environmental Ltd v Hexagon Housing Association Ltd.’

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Practical Law: Construction Blog, 26th August 2020

Source: constructionblog.practicallaw.com

EP 121: Secondary Victim Claims update – Gideon Barth – Law Pod UK

Posted July 30th, 2020 in duty of care, hospitals, news, podcasts, psychiatric damage, third parties by sally

‘In Episode 119 Emma-Louise Fenelon speaks to Gideon Barth about secondary victim claims, and the recent case of Paul v Royal Wolverhampton NHS Trust.’

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Law Pod UK, 28th July 2020

Source: audioboom.com

Cape v Dring: High Court clarifies the proper approach to applications by non-parties for access to documents referred to at trial under the inherent jurisdiction and open justice principle – Henderson Chambers

‘The Cape v Dring litigation concerns an attempt by a non-party to obtain copies of the trial bundle used during a six-week asbestos trial involving Cape which settled before judgment in early 2017. At first instance the Master granted the non-party permission to have copies of all documents, including the trial bundle of 5000 pages of disclosure, referred to at the trial. The Supreme Court confirmed in July 2019 that the non-party was entitled to written submissions, witness statements and expert reports under the inherent jurisdiction of the court, but remitted the question of what, if any, documents in the trial bundle the non-party should obtain to the original trial judge. On 16 July 2020 Picken J considered that question and held that Mr Dring was not entitled to receive any other documents.’

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Henderson Chambers, 17th July 2020

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High Court provides clarity on third-party access to court documents – OUT-LAW.com

‘The English High Court has refused to give access to court documents on the basis that doing so would not advance the principles of open justice.’

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OUT-LAW.com, 28th July 2020

Source: www.pinsentmasons.com

High Court rejects CFA-style ban on third-party funding in family cases – Litigation Futures

Posted July 22nd, 2020 in champerty, families, family courts, fees, news, third parties by sally

‘The ban on conditional fee agreements (CFAs) in family cases should not be read across to third-party litigation funding, the High Court has ruled.’

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Litigation Futures, 22nd July 2020

Source: www.litigationfutures.com

Asbestos victims fail again in bid to access case papers – Litigation Futures

‘The group whose bid to access a bundle from litigation involving an asbestos manufacturer led to a Supreme Court ruling on open justice has failed in its application for the documents.’

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Litigation Futures, 16th July 2020

Source: www.litigationfutures.com

Daughters’ psychiatric claims restored over witnessing of father’s death – Law Society’s Gazette

Posted June 18th, 2020 in causation, news, psychiatric damage, striking out, third parties by sally

‘The High Court has ruled it was wrong to strike out secondary victim claims from daughters who witnessed their father die after he was allegedly victim of clinical negligence.’

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Law Society's Gazette, 12th June 2020

Source: www.lawgazette.co.uk

M v M – more than just costs by Nick Power – Broadway House Chambers

‘The recent flurry of legal observers commenting on the eye-watering and disproportionate costs incurred in this case such that out of £630,000 liquid capital, £594,000 had been spent on costs has justifiably attracted much attention. There is however, within this case, an incredibly helpful analysis for practitioners as to when, and in what manner, the court can have regard to family support which may be available in the future for the parties.’

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Broadway House Chambers, 10th June 2020

Source: broadwayhouse.co.uk

Oligarch’s wife brings son into high-stakes divorce case – The Guardian

Posted May 12th, 2020 in champerty, divorce, families, joinder, news, third parties by sally

‘It is proving to be a very modern divorce. Armies of lawyers and advisers; hundreds of millions of pounds at stake; priceless art; a superyacht; a key lieutenant switching sides; the son dragged into the proceedings by his mother. No wonder some involved have likened it to The War of the Roses, the dark Hollywood comedy about a feuding couple starring Kathleen Turner and Michael Douglas.’

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The Guardian, 10th May 2020

Source: www.theguardian.com

Litigation funding: a new reality post-Chapelgate – Six Pump Court

Posted April 21st, 2020 in chambers articles, costs, news, third parties by sally

‘The new reality for litigation funders in the courts in England & Wales is that they must be prepared to pay a defendant’s costs in full if the funded claimant loses.’

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Six Pump Court, 17th April 2020

Source: www.6pumpcourt.co.uk

High Court orders disclosure of DBA and funding – Litigation Futures

Posted March 30th, 2020 in damages, disclosure, limitations, news, third parties by sally

‘The High Court has ordered the claimants in a major group action to disclose details of both the damages-based agreement (DBA) and third-party funding arrangements they have entered into.’

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Litigation Futures, 30th March 2020

Source: www.litigationfutures.com