News in brief 1st September 2016

Kain Knight ties up with SpectraLegal
Leading costs firm Kain Knight has joined forces with legal finance company SpectraLegal to offer working capital to law firms. SpectraLegal currently offers two products: Costs Advance, which enables law firms to receive advances against their costs and disbursements once cases have settled, meaning they do not have to compromise on cost negotiations; and WIP and Disbursement Funding, to help firms to monetise assets that are assigned little to no value by traditional lenders.

Kain Knight managing director Matthew Kain said: “Our research shows increasing demand amongst our law firm partners for more innovative and flexible forms of funding. Kain Knight has for some time been looking for a business that can deliver what our clients need. We are delighted to be one of the first UK firms to work together with SpectraLegal Limited. We believe this new facility will deliver significant improvements to our partner law firms’ cash-flows and enable them to grow their businesses.”

SpectraLegal was formed by the principals of Bridge Point Financial Group,Canada’s leading provider of litigation financing and risk management solutions, which has supported more than 750 Canadian law firms over the past 11 years.

In one of its first actions in the UK last year, SpectraLegal backed Pure Legal’s £13m acquisition of clinical negligence specialist firm Pryers through the Costs Advance scheme.

Supreme Court to resolve recoverability dispute
The Supreme Court has granted permission for Associated Newspapers to appeal the High Court’s ruling in Miller v Associated Newspapers Limited [2016] EWHC 397 (QB), which we reported on in March and was leapfrogged to the highest court.

The court is being asked to resolve the tension between earlier rulings of the House of Lords and the European Court of Human Rights on whether success fees and after-the-event insurance premiums should be recoverable in publications proceedings.

However, the Supreme Court has refused permission to appeal in R (on the application of Sisangia) v Director of Legal Aid Casework[2016] EWCA Civ 24, in which the Court of Appeal held – in a claim of false imprisonment against the police – that unless an applicant is able to show that a public authority not only has acted unlawfully, but also intended to act unlawfully, they are not eligible for legal aid funding.

The Supreme Court said it refused permission “because the application does not raise an arguable point of law of general public importance which ought to be considered at this time bearing in mind that the applicant has no further private interest in this litigation”.

Insolvency costs ruling
Rule 12.2 of the Insolvency Rules 1986 do not require the costs on a bankruptcy appeal to be treated as a cost and expense of the bankruptcy, the High Court has ruled, meaning that following an unsuccessful appeal against a bankruptcy order, the general rule as to costs should apply, and the bankrupt was ordered to pay the petitioning creditor’s appeal costs personally.

The ruling of Jeremy Cousins QC, sitting as a deputy judge of High Court, in In the matter of Brian Herbert Cooke sub nom Brian Herbert Cooke v Dunbar Assets plc [2016] EWHC 1888 (Ch) was reported on Lawtel.

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Costs News
Published date
15 Sep 2016

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