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Indemnity Costs and Issue-Based Costs Orders in the Bermuda Court of Appeal

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The Court of Appeal for Bermuda has lately clarified two important aspects of the law of litigation costs in Bermuda: the test for indemnity costs and the availability of issue-based costs awards. In each respect the Court of...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Court of Appeal Comments on UK Sanctions Ownership and Control Test

Skadden, Arps, Slate, Meagher & Flom LLP on

On 6 October 2023, the UK Court of Appeal (the Court of Appeal) delivered its judgment in Mints v. PJSC National Bank Trust and PJSC Bank Otkritie.1 In its decision, the Court of Appeal confirmed that English courts can enter...more

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

Norwich Pharmacal relief – costs, rights and obligations in pre-action disclosure

White & Case LLP on

In a decision handed down last week, Jofa Limited and Joseph Farah v Benherst Finance Limited and Chestone Industry Holding [2019] EWCA Civ 899, the Court of Appeal considered the rules regarding the costs of applications for...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

A&O Shearman

Court Cannot Divide An Offer To Settle

A&O Shearman on

In Sugar Hut Group Ltd & ors v A J Insurance Service [2016] EWCA Civ 46, 3 February 2016, the Court of Appeal over-ruled the High Court’s judgment about how costs should be awarded where a claimant succeeds on only part of...more

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