News & Analysis as of

Indemnification Litigation Funding

White & Case LLP

Not a binding rule: Court of Appeal confirms funders' costs liability not automatically capped

White & Case LLP on

On 25 February 2020, the Court of Appeal in Chapelgate Credit Opportunity Master Fund Ltd-v-Money & Others confirmed that the liability of a commercial funder of an unsuccessful action should not automatically be limited to...more

White & Case LLP

The High Court heralds the end of the Arkin cap

White & Case LLP on

Davey v Money and others [2019] EWHC 997 confirms that litigation funders can no longer rely on the ‘Arkin cap', to limit their adverse costs exposure to the amount of funding they contributed. The decision continues the...more

A&O Shearman

Third party funders held liable for costs on an indemnity basis

A&O Shearman on

Excalibur Ventures LLC v Texas Keystone Inc & Ors [2016] EWCA Civ 1144, 18 November 2016 - The Court of Appeal has provided important guidance on the extent to which third party litigation funders may be liable to pay...more

Mintz - Securities Litigation Viewpoints

Australia – A New Frontier for Plaintiffs?

With the increasing barriers to successfully prosecuting a securities fraud case in the United States, including the jurisdictional limitations caused by the Morrison decision, institutional investors are sometimes now...more

Morgan Lewis

English High Court Holds Litigation Funders Liable for Indemnity Costs

Morgan Lewis on

The court’s decision will have wider significance for litigation funders, parties seeking funding, and their opponents. On 23 October, the English High Court handed down its judgment in Excalibur Ventures LLC v Texas...more

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