A concise Q&A guide to litigation funding costs and insurance in United Kingdom (England & Wales), including award of costs, liability for costs, security for costs and insurance.
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The issue of security for costs has come into focus in recent years in the context of the increased trend of commercial litigation funders supporting claims in the English courts. The Court of Appeal has recently provided important guidance in
Rowe and others v Ingenious Media Holdings plc and others [2021] EWCA Civ 29 in relation to whether a defendant that is seeking security should provide a cross-undertaking in damages.
The Court of Appeal, in deciding that no cross-undertaking should have been required by the court at first instance, held that “