Sentences with phrase «against a third party funder»

In Chilab v King's College [2013] EWCA Civ 147, [2013] All ER (D) 352 (Feb) the Court of Appeal held that an application for security for costs against a non-party could only be made against a third party funder, that is someone who had contributed or agreed to contribute to the claimant's costs in return for a share of any proceeds.

There is no prohibition against third party funding of disputes in the United Arab Emirates (UAE) or the wider Middle East although its development is still in its embryonic stage.

- there is no need to give an arbitral tribunal the power to order security for costs against a third party funder, as the powers of an arbitral tribunal under the Arbitration Ordinance to order a party to give security for costs afford adequate protection.

It would be possible for the court to make an award of expenses against a third party funder or any intermediary.

In principle, the Commission considered that Tribunals should be given power under the Arbitration Ordinance to award costs against a third party funder, i.e. an adverse costs order.

Her experience covers complicated points of law, test points, Part 36, wasted costs cases (both sides), CFA compliance and success fees, claims against third party funders, costs budgeting and capping, and personal liability claims against experts.

Not exact matches

But whatever you think of the merits of the particular lawsuit against Gawker, critics warn that this kind of arrangement — where a wealthy person funds third - party lawsuits against a common foe — is ripe for abuse.

But in 2014, something changed: A little - known, poorly funded Constitutional law professor named Zephyr Teachout ran against Cuomo in the Democratic primary and captured a third of the vote, proof that not only was a restive progressivism already brewing in the pre-Trump, pre-Sanders era, but that the party's liberals didn't care much for their governor.

Republicans are increasingly nervous that self - funding Buffalo businessman Carl Paladino, whom recent polls have shown on the move against Lazio, will be able to defeat their designee in the Sept. 14 primary, leaving the party deeply fractured with Lazio on the Conservative line and Paladino (maybe) on a third party Taxpayers line.

Public education advocates will have many opportunities in the coming months to fight for greater funding for our children's schools and against state takeovers that hand our democratically controlled school boards over to private third party operators.

An equity sale occurs when real estate is sold to a third party for more than what is owed against it, usually resulting in a surplus of funds to the seller.

Distributors are third parties that help you to invest in specific mutual funds, do your paperwork and place your investments against those funds.

Authorised Dealers may allow their branches / correspondents outside India to grant loans to or in favour of non-resident depositor or to third parties at the request of depositor for bona fide purpose against the security of funds held in the NRE / FCNR (B) accounts in India, subject to usual margin requirements.

Rigorous requirements and safeguards, local stakeholder engagement, and the use of independent, third - party auditors guarantee that funders are supporting real emissions reductions and verified SDG impacts, protecting businesses against accusations of «green - washing».

Once insolvency proceedings have commenced we act in both funded and speculative cases — on a conditional fee agreement basis («no win no fee»)-- for insolvency practitioners in investigating and bringing proceedings under the Insolvency Act against both directors and third parties.

Advising a fund on bringing fraud proceedings against former directors and third parties, and enforcement of a foreign judgment in the UK.

A small business that has suffered loss as a result of a breach of competition law rules, but which can not afford the costs of litigation in the High Court, and the possibility of an adverse costs ruling against them if they lose, can shift that risk to the third - party litigation funder.

While they may be able to assert privilege against third parties in such circumstances, if they want privilege to protect against disclosure to the beneficiaries, they must fund the advice themselves.

Use of third party funding for international arbitration is growing, especially in Hong Kong and Singapore where prohibitions against its use have been either relaxed or eliminated.

Costs can be awarded on the indemnity basis against third - party funders — Excalibur Ventures LLC v Texas Keystone Inc [2014] EWHC 3436.

The introduction of clear, ethical and financial standards in the form of a Code of Practice, will provide a progressive framework for the use of third party funding in arbitration and mediation in Hong Kong, including robust safeguards to protect against potential abuse.

The DIFC Courts have jurisdiction to make costs orders against third parties, including Funders, where the Court deems it appropriate, given the circumstances of the case.

Hedge funds and the investment manager with regard to claims against their third party administrator

There are no obligations imposed on third party funders, but the PD does reiterate the DIFC Courts» existing power to make costs orders against non-parties, which includes funders, where deemed appropriate given the circumstances of the case.

Claims against the Road Accident Fund (Third party claims) 6.

Landmark decision awards security for costs against third - party funder in excess of funder's commitment

In short, the code fails to provide sufficient safeguards against the risks associated with third party litigation funding.

He has recently acted for an oil company in a claim to recover the proceeds of a substantial fraud by its payroll officer, obtaining freezing orders and proprietary injunctions, tracing the funds into the hands of third parties, obtaining judgments against the laundering recipients and enforcing disclosure orders by committal for contempt, see SAIPEM Ltd v Stanley [2017] EWHC 2106.

The influence of third party litigation funding is also changing the global litigation map, with it being pivotal in the development of collective actions against financial institutions and commercial entities and their directors and officers.

Importantly, it leaves third party claimants pursing claims against a liquidator in the eventual hope of being paid in full, which is unlikely, or claiming against the Insurance Compensation Fund, which is subject to a cap of 65 % of the value of the claim or $ 825,000 (whichever is lower).

He points out that, in previous recessions, «no win, no fee» agreements and third party funding were not available, which made claims against professional advisers risky since the claimant could be left liable for costs and that this time round, however, businesses and individuals may be willing to «take a gamble» on claims in an attempt to recoup some of their losses.

As Justice Perell has noted, the idea that most class representatives are on the hook for adverse costs is a «fiction»; indemnities against such costs orders are routinely provided by class counsel or a third party funder.

This would require protection against abuse of the Report button, and again either in - house policing or funding for third - party fact checking at Facebook's scale.