REUTERS | Pavel Mikheyev

With the news that Pinsent Masons and HFW have both agreed litigation funding portfolio arrangements over the course of the last few weeks, you may be considering whether this sort of facility is the way forward for your practice. If so, read on for my whistle-stop tour of the key types of arrangements that are available, along with some points you should consider along the way. Continue reading

REUTERS | Randall Hill

When tax avoidance schemes fail, professional negligence claims against the scheme promoters will surely follow. And, because HMRC’s investigations of such schemes typically proceed at a ponderous rate, it is likely that limitation defences will be raised, fuelled by the long lapse of time between the advice being given and the failure of the scheme. Continue reading

REUTERS | Dominic Ebenbichler

Transfer out of Shorter Trials Scheme refused

In Sprint Electric Ltd v Buyer’s Dream Ltd and another, the Chancery Division of the High Court refused the claimant permission to transfer an intellectual property claim out of the Shorter Trials Scheme. The court was satisfied that it had power to transfer the case under CPR 3.1(2) (see Family Mosaic Home Ownership Ltd v Peer Real Estate Ltd), even though there was no express provision in Practice Direction 57AB. Otherwise, there was a “very real and regrettable danger” that claims inappropriately started in the Shorter Trials Scheme, without the defendant objecting, would have to remain there, even if that was unsuitable. Continue reading

REUTERS | Hannibal Hanschke

In Alba Exotic Fruit Sh Pk v MSC Mediterranean Shipping Company S.A., the Circuit Commercial Court imposed security for costs as a sanction for a claimant that failed to take any substantive steps in pursuing its case for over four years, instead of ordering that the claim be struck out. Continue reading

REUTERS | Jeff Haynes

“What trends are you seeing in the market?” is probably the most common question lawyers ask us after discussion of their individual case. Many who approach funders are curious about the funding market more generally: Who is growing? Who is doing well? And, naturally: when is pricing going to become more competitive?! I have now answered the question enough times that I feel prepared (if not qualified) to give a stock answer. Continue reading

REUTERS | Gleb Garanich

Paying defendants constantly carp at the cost of litigation and at how much they are expected to pay when they lose. After all, if that were not the case and they paid up without a murmur, there would be no such thing as detailed assessment. Whilst the focus of their disquiet is usually directed at hourly expense rates and at lawyers taking too long to do the work, more recently the operation of Part 36 in its latest incarnation is becoming the focus for their indignation. Continue reading