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England and Wales Case Law

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Civil procedure [2025] EWHC 2876 (Comm)

Serious Fraud Office & Ors v Litigation Capital Ltd & Ors

Serious Fraud Office & Ors v Litigation Capital Ltd & Ors [2025] EWHC 2876 (Comm) (05 November 2025)

The court refused to debar Mr Nicholas Thomas from the Enforceability Hearing, but ordered him to provide £200,000 security for costs for his cross-application.

  • Debarring orders
  • Security for costs
  • Abuse of process
  • Res judicata
  • Enforceability of litigation funding agreements
  • Debarring-orders
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Civil procedure [2025] EWHC 2011 (TCC)

Lloyds Developments Ltd v Accor HotelServices UK Ltd

Lloyds Developments Ltd v Accor HotelServices UK Ltd [2025] EWHC 2011 (TCC) (31 July 2025)

The High Court approved final ATE insurance wording as security for costs, requiring express anti-fraud wording and awarding Accor 55% of its reasonable costs.

  • Security for costs
  • Ate insurance
  • Anti-avoidance endorsement
  • Costs orders
  • Fraud exclusion in insurance
  • Contracts (rights of third parties) act 1999
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Civil procedure

Ziyavudin Magomedov & Ors v TPG Group Holdings (SBS), LP & Ors

Given the opacity, inconsistency, and uncertainty surrounding the Claimants' litigation funding, and the real prospect of further costs being payable, it is just and proportionate to order disclosure of the Claimants' funders to enable Defendants to consider non-party costs orders. The confidentiality of such information justifies the imposition of a confidentiality club, which is necessary and proportionate in the circumstances.

  • Disclosure of litigation funding
  • Non-party costs orders
  • Confidentiality clubs
  • Jurisdiction challenges
  • Security for costs
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Civil procedure [2025] EWHC 1996 (Comm)

Magomedov & Ors v TPG Group Holdings (SBS), LP & Ors

Magomedov & Ors v TPG Group Holdings (SBS), LP & Ors [2025] EWHC 1996 (Comm) (03 July 2025)

The High Court ordered the claimants to disclose their litigation funding arrangements to defendants, with access protected by a confidentiality club.

  • Disclosure of litigation funding
  • Non-party costs orders
  • Confidentiality clubs
  • Costs assessment
  • Litigation-funding-disclosure
  • Non-party-costs-orders
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Contract law

Momenta Holdings (PPI) Limited v Cheval Legal Limited & Ors

Cheval is entitled to recover losses caused by Momenta's breaches of contractual duties in handling Plevin claims, assessed using a loss of a chance methodology (72.5% recovery rate), with full recovery for adverse costs and compensation paid to clients, and wasted expenditure where claims were never issued; future indemnity claims are adjourned with permission to restore.

  • Breach of contract
  • Indemnity
  • Loss of a chance
  • Assessment of damages
  • Outsourcing agreements
  • Professional liability
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Civil procedure [2025] EWHC 689 (Ch)

Musst Holdings Ltd v Astra Asset Management UK Ltd & Anor

Musst Holdings Ltd v Astra Asset Management UK Ltd & Anor [2025] EWHC 689 (Ch) (20 March 2025)

The High Court fixed security for costs at £75,000, ordered the balance of £180,000 paid out to the claimant, and considered the effect of litigation insurance.

  • Security for costs
  • Litigation insurance
  • Costs budgeting
  • Security-for-costs
  • Litigation-insurance
  • Costs-budgeting
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Contract law [2024] EWHC 3333 (Ch)

Momenta Holdings (PPI) Ltd v Cheval Legal Ltd & Ors

Momenta Holdings (PPI) Ltd v Cheval Legal Ltd & Ors [2024] EWHC 3333 (Ch) (20 December 2024)

The High Court assessed damages on Cheval Legal’s counterclaim, awarding £4.19 million for losses caused by Momenta’s breaches in handling Plevin claims.

  • Breach of contract
  • Loss of chance
  • Indemnity
  • Damages assessment
  • Outsourcing agreements
  • Professional liability
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Civil procedure [2022] EWHC 2035 (Comm)

ECU Group Plc v HSBC Bank Plc & Ors

ECU Group Plc v HSBC Bank Plc & Ors [2022] EWHC 2035 (Comm) (04 July 2022)

The Commercial Court ordered Therium to pay 95% of HSBC’s costs of a non-party costs application, and summarily assessed those costs at £71,000.

  • Non-party costs orders
  • Costs assessment
  • Litigation funding liability
  • Part 36 offers
  • Cpr 44.2 discretion
  • Non-party-costs-orders
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Civil procedure

THE ECU GROUP PLC v HSBC BANK PLC & Ors

The Commercial Court held a litigation funder jointly and severally liable with the claimant for defendants’ costs from 30 November 2018, on the indemnity basis.

  • Non-party costs orders
  • Litigation funding liability
  • Indemnity costs
  • Joint and several liability
  • Non-party-costs-orders
  • Litigation-funding
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Civil procedure [2022] EWHC 1616 (Comm)

The ECU Group Plc v HSBC Bank Plc & Ors

The ECU Group Plc v HSBC Bank Plc & Ors [2022] EWHC 1616 (Comm) (24 June 2022)

The High Court made a non-party costs order against Therium, holding it jointly and severally liable with ECU for defendants’ costs from 30 November 2018.

  • Non-party costs orders
  • Litigation funding agreements
  • Joint and several liability
  • Section 51 senior courts act 1981
  • Ate insurance
  • Payment on account of costs
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.