In Original Beauty Technology Company Ltd and others v G4k Fashion Ltd and others, David Stone, sitting as a Deputy Judge in the High Court, considered the issue as to whether the existence of a genuine Part 36 offer prevented the court from dealing with the costs of a liability trial prior to quantum being determined, even when the “losing” party’s conduct had been egregious. Continue reading
When the government imposed restrictions on movement and social interaction due to COVID-19 in March 2020, there was understandably a great deal of concern about the effect on ongoing and potential litigation. After all, there was no system in place and most litigators had little or no experience of conducting litigation from commencement to trial on a remote basis.
Why is customer service an anathema in the third-party litigation funding (TPLF) industry, viewed as some “thing” that matters only when eating out in a restaurant, buying a car or staying at a hotel? We hear lots of consultant-inspired corporate tag lines (“internationally recognised”, “global force”, “market leading”, “strong track record”, “in-house underwriting capabilities”, to name but a few), but doesn’t customer service underpin all of these like they do in any other market? And if it does, then why is TPLF (after two decades of continuous growth) still receiving the same criticism time and time again that applying for funding is just not quick enough to the extent it can often feel like one time-gobbling abyss of process after process?
