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ARTICLE · 09 SEPTEMBER 2020

Collective Litigation – Understanding The Costs Risks

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As we have discussed, the growth of collective claims in the UK, often backed by third party litigation funding, is likely to continue.

United KingdomLitigation, Mediation & Arbitration
Stuart Pickford
Stuart Pickford
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As we have discussed, the growth of collective claims in the UK, often backed by third party litigation funding, is likely to continue. The costs of litigation and the risk of being ordered to bear the other side's costs are important considerations in all disputes, but have particular strategic implications in collective actions.

The High Court's recent costs decision in relation to the Lloyds/HBOS litigation is a useful reminder of the treatment of costs in English group action proceedings and that, notwithstanding the growth of third party funding and insurance against liability for costs, claimants who choose to participate in group actions cannot safely assume that they litigate without any costs risk. 

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