The beginning of unlimited costs liability for litigation funders?

19 March 2018

Litigation funders may be feeling uneasy after the recent High Court decision of Bailey v Glaxosmithkline[1]. Until this decision, funders could justifiably have assumed that they would only be ordered to pay security for costs up to the level of their funding, an application of the so called “Arkin cap”[2]. Foskett J has shown this […]

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Are we running out of time to agree cross-border judicial cooperation post-Brexit?

14 March 2018

The answer, according to the European Parliament’s recent report on the impact of Brexit on freedom, security and justice, is “yes”. The report notes the wide-ranging implications for individuals and businesses with commercial or personal ties to the UK and any other EU member state who are facing uncertainty over cooperation between the UK and […]

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The Future of ADR

8 March 2018

As part of the increasing drive towards alternative means of dispute resolution (ADR), the Civil Justice Council’s ADR Working Group has published an interim report on the current and future role of various forms of ADR in civil disputes[1]. So what is the CJC likely to recommend? The essence of ADR is the deliberate creation […]

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