Category Third party funding

THIRD PARTY FUNDING: YOU WANT THE PROFITS YOU TAKE THE RISKS: EXCALIBUR IN THE COURT OF APPEAL

In Excalibur Ventures LLC -v- Texas Keystone LLC [2016] EWCA Civ 1144 the Court of Appeal confirmed that commercial funders are liable to indemnify on the indemnity costs basis. “I can see no principled basis upon which the funder can dissociate himself from the conduct of those whom he has enabled to conduct the litigation […]

CLAIMANT MUST REVEAL IDENTITY OF THIRD PARTY FUNDERS: HIGH COURT DECISION

In Wall -v- The Royal Bank of Scotland PLC [2016] EWHC 2460 (Comm) (Mr Andrew Baker QC sitting as a High Court Judge) the claimant was ordered to reveal the identity of third party funders. KEY POINTS The court has power to order a party to disclose the identify of third party funders. The exercise […]

APPLICATION TO DISCLOSE THIRD PARTY FUNDER REFUSED

The opening passages of the judgment of H.H. Judge Keyser Q.C. in Dawnus Sierra Leone Limited -v- Timis Mining Corporation Limited [2016] EWHC B19 (TCC) deal with the issue of disclosure of details of third party funding. KEY POINTS A claimant defending a counterclaim can make an application for disclosure of the defendant’s third party […]