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In ECU Group Plc v HSBC Bank Plc  EWHC 1616 (Comm) Moulder J addressed the issue of joint and several liability in a case involving multiple litigation funders. Background The matter involved fraud proceedings, where the Defendant having successfully defended the matter, applied under the Senior Courts Act 1981 s51 for an order requiring…
Following the increase to the SCCO guidelines, courts have been less willing to allow uplifted hourly rates. This stricter approach is being seen even where costs are assessed on the indemnity basis.
Delegation should be the rule not the exception. The receiving party will have to justify a decision not to delegate. The test of whether an item could have been delegated is objective; if it was suitable for delegation then it should be allowed at a lower rate even if there was no fee earner to delegate to
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