The judgment in Davey v Money and others will have come as a disappointment to the litigation funding community. After all, the “Arkin option” doesn’t have the same ring of certainty as the “Arkin cap”. But should a party providing the means for a claim to be brought in return for commercial gain really be surprised that they should be exposed to the full costs incurred by the opponent if the claimant doesn’t meet those costs? Continue reading
The extent to which a non-party may obtain access to documents on the court file, and what those documents comprise, has been the subject of recent judicial scrutiny, notably the Court of Appeal’s ruling in Cape Intermediate Holdings Limited v Dring.
In The Chartered Institute of Arbitrators v B and others, the High Court was required to consider this question in the context of documents connected with arbitral proceedings and the extent to which it may encroach on the inherent confidentiality attached to such proceedings. Continue reading
Insolvency and Companies Court (ICC): new ICC Interim Applications Court
On 25 April 2019, the Chancery Guide was updated to include a new chapter on the Insolvency and Companies List, including information, at paragraphs 25.28 to 25.30, on the operation of the new Insolvency and Companies Court (ICC) Interim Applications Court at the Rolls Building, which came in to being in January 2019. Continue reading