Sentences with phrase «of an adverse costs ruling»

Speculative litigation is unattractive to third - party funders since they have to provide the money to cover up - front legal costs, and also bear the risk of an adverse costs ruling.

They can also run the risk of an adverse costs ruling and protracted litigation in the knowledge that, even if the claimant is able to commence the claim, their resources are likely to be finite and the pressure to agree to a settlement for less will therefore increase with time.

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.

Not exact matches

This fear stems from a number of developments, including the loss of Costco (COST) and JetBlue (JBLU) cobranded card partnerships and an adverse court ruling that prohibits AXP's «nondiscrimination provisions» in contracts with merchants.

N. Subject to the provisions of R.S. 13:4521 and 4581, all estimated costs of appeal, including those involved in preparation of the administrative record for appeal, taken by a person in connection with an adverse ruling of an administrative law judge in connection with a hearing held pursuant to this Chapter and the Administrative Procedure Act, [FN1] shall be paid by that person within sixty days of the filing of the petition for appeal in the district court.

The judge in the case ruled that the defendant should pay for the premiums because it was in the interests of justice for plaintiffs to be able to pursue valid claims without fear of a large adverse costs award.

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(3) then, even after Plaintiffs have chosen to take the serious adverse costs risks of such trials, and even after they have been successful at trial and have received costs awards under Rule 49.01 (1) on a substantial indemnity scale;

As a result, an offer communicated in correspondence between counsel will generally be sufficient to trigger the aforementioned adverse costs consequences, so long as said communication is made in writing and meets all of the criteria set out in Rule 49 and related case law.

The civil courts do, however, have the equivalent of s 31, in that if appropriate action is not taken before bringing a claim, to give the defendant an opportunity to resolve the matter without litigation, this is likely to have adverse costs consequences under the Civil Procedure Rules.