A principle that a defendant receiving security for costs from a claimant’s litigation funder should not have to provide a cross-undertaking in damages will improve the funding market, the Court of Appeal has ruled.
Pressure is now on insurers to pay out to policyholders with business interruption insurance following Friday’s Supreme Court ruling, although there are still issues to be sorted out.
The Court of Appeal has today saved damages-based agreements by ruling that they are not unenforceable if they provide that the client has to pay incurred costs and expenses on termination.
There is no “pay as you go” principle which overrides the general rule that the court should reserve the costs where an interim injunction is granted, appeal judges have ruled.
The Court of Appeal has overturned the first decision in England and Wales to hold that an expert witness owed a fiduciary duty to their client – but did not rule out the possibility it could exist.
Last week recommended changes to the guideline hourly rates – which it admitted were “modest” – have generated a lukewarm response from the profession.
The High Court has described how Birmingham City Council provided an “object lesson in how a public body should not respond to public law proceedings” in its mishandling of a housing judicial review.
There should be a “modest” increases in the guideline hourly rates – ranging from 7% to 35% – with the highest band for heavyweight commercial work rather than any work carried out by a City law firm.
A High Court judge has granted anonymity to a 12-year-old girl, allowing the Children’s Commissioner, as her litigation friend, to bring a breach of privacy action against social media platform TikTok.
A screen shot taken of a remote hearing must be deleted by anyone who has it, a master has ordered under a change introduced by last year’s Coronavirus Act.