Last updateTue, 24 Feb 2015 5pm

David Sawtell reviews the impact of Excalibur

Litigation funders have an important role to play in commercial litigation. As part of the research for his review of civil litigation costs, Lord Justice Jackson deliberately solicited the views of third-party litigation funders and arranged for a working group to be set up. He dedicated an entire chapter in his final report to them. It was clear that funders opened up access to justice in larger commercial cases which might not otherwise go to court because the claimant could not afford to prosecute its action.

Additional Info

  • Case(s) Referenced:

    Arkin v Borchard Lines Ltd & ors [2005] EWCA Civ 655

    Dymocks Franchise Systems (NSW) Pty Ltd v Todd & ors [2004] UKPC 39

    Excalibur Ventures LLC v Texas Keystone Inc & ors [2014] EWHC 3436 (Comm)

    Hamilton v Al Fayed [2002] EWCA Civ 665

    Sims v Hawkins [2007] EWCA Civ 1175