Arkin v Borchard Lines Ltd [2005] EWCA Civ 655 – Law Journals

Insurance: Funding a losing battle

David Sawtell reviews the impact of Excalibur ‘Having chosen to leave everything in the hands of Excalibur and Clifford Chance, the funders had to bear the burden of the costs caused to the defendants.’ Litigation funders have an important role to play in commercial litigation. As part of the research for his review of civil …

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Costs: Party time?

Richard Marshall and Clare Arthurs look at developments in non-party costs orders and parties to proceedings ‘The courts will take pragmatic and flexible approach to ensure that justice is done in individual case. In Threlfall they ensured that the wronged party was not left out of pocket and in Pintorex they prevented a successful claimant …

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Damages: A slice of the cake

Nick Rowles-Davies assesses the impact of the draft Damages-Based Agreement Regulations There is some force in the argument that acting under a DBA pushes the solicitors closer to being a funder and ‘the real party’ to the proceedings. The Civil Justice Council’s (CJC) working party on damages-based agreements (DBAs) has prompted some debate in the …

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Funding: Back to the future: costs reform

John Leadley, Nicola Gare and Charlotte Nolan discuss costs and litigation funding It is largely accepted by industry, practitioners, the judiciary and government that the introduction of the access to justice reforms in 1999 tipped the balance too far in favour of claimants. The long-awaited costs reforms brought about as a result of Lord Justice …

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Costs: The cost of everything

Nick Rowles-Davies examines the views of the Institute for Legal Reform’s views on the English and Welsh third-party funding market ‘In recent months, the ILR has focused on the English funding world and attempted to derail the Code of Conduct put forward as the necessary framework for self-regulation of litigation funders.’ Now that the Liberal …

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Funding: Counting the cost(s)

Nick Rowles-Davies discusses the future of third-party funding ‘Third-party litigation funding is the process by which a funder, unconnected to the parties to the litigation, provides the financial resources to a client to pay their legal fees in return for a share of the proceeds of the successful claim.’As law firms try to climb out …

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