Insights by Penningtons Manches: Securing costs

Penningtons Manches Cooper LLP | The Commercial Litigation Journal | January/February 2018 #77
Clare Arthurs and Nicole Finlayson take a look at some recent costs cases ‘It is evident from the judgment in Premier Motorauctions that the existence of ATE insurance will be taken into account by the court when assessing a claimant‘s ability to pay an adverse costs order.‘ As the nights drew in, the end of …

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Funding: Safety first

Rosling King LLP | The Commercial Litigation Journal | January/February 2018 #77
Georgina Squire summarises a recent caselaw with potential impact on ATE funding ‘The financial standing and resources of the claimants and their third-party funder were scrutinised closely by the court in this case and it should be expected in future cases.‘ In Bailey v GlaxoSmithKline UK Ltd [2017] the defendant applied to the court for …

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Costs: Show me the money

HFW | The Commercial Litigation Journal | September/October 2016 #69
Rick Brown and Victoria Cowan examine recent case law on security for costs post judgment ‘Republic of Djibouti is important for all commercial litigators, especially those acting on behalf of defendants, as it clarifies the circumstances in which further security for costs may be awarded post judgment.’Security for costs orders are regularly sought at an …

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Insurance: Funding a losing battle

4 King’s Bench Walk (Chambers of Timothy Raggatt QC) | The Commercial Litigation Journal | November/December 2014 #58
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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