- Cited — Paul Mark Simon v Lauren Belinda Simon & Anor 2023-09-15
“…[2017] 1 WLR 2221 where at [31] Tomlinson LJ regarded the risk of litigation funding as being champertous as ‘unrealistic’. Champerty, he said, involves behaviour likely to inte…”
- Cited — Rowe & Ors v Ingenious Media Holdings PLC & Ors 2021-01-15
“…First, this court held in Excalibur Ventures LLC v Texas Keystone Inc (No 2) [2017] 1 WLR 2221 that the costs incurred by a litigation funder in providing a claimant with the money to put up security for costs are not to be treated any differently from a…”
- Cited — Chapelgate Credit Opportunity Master Fund Ltd v Money & Ors 2020-02-25
“…Appeal in Excalibur Ventures llc v Texas Keystone Inc (No 2) [2016] EWCA Civ 1144, [2017] 1 WLR 2221, did not dispute that the orders should provide for assessment on the indemnity basis, in line with the orders that the judge had made against Ms Davey. Two ma…”
- Considered — Chapelgate Credit Opportunity Master Fund Ltd v Money & Ors 2020-02-25
“…d for the express purpose of providing security for costs should not count towards the Arkin cap. The appeal was, however, dismissed: see [2016] EWCA Civ 1144, [2017] 1 WLR 2221. With regard to whether the indemnity basis was appropriate, Tomlinson LJ, with whom Gloster and David Richards LJJ agreed, considered that “the derivative nat…”