Before the deluge
One of the issues that has been floating around for years in the field of litigation funding is the “Arkin” cap, which has been thought to apply to cap the adverse costs liability of third
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The golden goose
For seven hundred years the common law courts set their faces against strangers to a case financially supporting its litigation by the doctrines of maintenance and champerty. The historical approach to maintenance and champerty was
Continue readingA new model for group litigation
This summer has seen the conclusion of a number of group actions, including the RBS Rights Issue litigation and the failed attempt at collective proceedings of Merricks v MasterCard Incorporated [2017] CAT 18 under section
Continue readingYour flexible friend
An interesting and potentially lucrative area of work for practitioners in the field of consumer rights can be found in competition law. Competition law in England and Wales has a long pedigree which pre-dates the establishment of the common
Continue readingLoathsome reptiles
One of the few intangible benefits of the Credit Crunch and subsequent recession, was to make the banking profession more unpopular with the public than the legal profession and to shine a spotlight on a
Continue readingCosts and the rule of law
The working year has begun. On the horizon are more reforms to the law and practice of costs, including the move to digital bills and J codes, the tortuous marrying up of costs budgets and
Continue readingFiat justitia ruat caelum ?
The title of this post reflects the Latin maxim “Let justice be done though the heavens fall”, a principle formulated originally by Terence, or Piso and echoed in famous cases in more modern times, by
Continue readingConditional Fee Agreements and capital
A key problem in obtaining effective justice in litigation is the inequality of arms which will often exist between a well funded defendant and an impecunious claimant. Or to put it another way, the imbalance of
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