A Thomas Miller Company
Court Awards First Security for Costs Order in Restructuring Plan Challenge. Will this open the floodgates for dissenting creditors?
Emily Thomas• July 22nd, 2024
What happened? In a landmark decision, the English High Court has, for the first time, ordered security for costs in a challenge to a proposed restructuring plan. This precedent sets a critical consideration for potential backers in contested restructuring proceedings, … Continued
The High Court Hands Down its Judgment in the FCA Test Case on COVID-19 Business Interruption Insurance
Emily Thomas• September 28th, 2020
In a landmark decision handed down on 15th September 2020, the High Court has ruled that the majority of businesses who held business interruption insurance and were forced to close due to the COVID-19 pandemic are entitled to be indemnified … Continued
Davey v Money & Otrs – An unwelcome decision for funders?
Emily Thomas• May 1st, 2019
On 17 April 2019, the High Court handed down a judgment that is likely to have significant repercussions for the commercial litigation funding industry. It was found that a third-party funder was liable for all of the defendants’ costs incurred … Continued
The ‘Arkin cap’ and the sum a funder can be ordered to give by way of security for costs
Emily Thomas• January 9th, 2018
The so called “Arkin cap” is a term derived from the decision of the Court of Appeal in Arkin v Borchard Lines [2005] 1 WLR 3055 which limits the liability of a third-party funder for adverse costs to an amount … Continued
TheJudge Opens New Office in the Heart of Manchester
Emily Thomas• December 19th, 2017
We are pleased to announce that we have opened a new office in the heart of Manchester. The office, which is on Brown Street, opened in November and is headed up by Emily Thomas. Emily is a qualified solicitor and … Continued
