ECU Group plc v HSBC Bank plc

Subject Matter

COSTS — Discretion of court — Application against non-party — Successful party applying for non-party costs order against one of losing party’s commercial litigation funders — Whether funder’s costs liability to be limited to costs incurred after date of litigation funding agreement — Whether funder to be held jointly and severally liable with losing party — Whether funder’s costs liability to be reduced by amount of insurance taken out to cover adverse costs — Senior Courts Act 1981 (c 54), s 51

[2022] EWHC 1616 (Comm); [2022] 1 WLR 5140; [2022] WLR(D) 281, QBD

Commentary

RPC Perspectives
High Court holds litigation funder liable for costs that pre-dated funding agreement Case comment