Costs & Litigation Funding

4 New Square Chambers has a costs team that is “second to none,  offering formidable expertise across every aspect of the costs, litigation funding and legal expenses insurance market”.

Our barristers have particular expertise in advocacy and advice in all forms of inter partes costs disputes; wasted and non-party costs; drafting and advisory work on all forms of funding arrangements (CFAs, DBAs, commercial funding agreements, crowd-funding, and all forms of legal expenses insurance); non- contentious advisory work; applications under the Solicitors Act 1974; security for costs applications as well as costs budgeting and estimates.

This, together with our unrivalled experience in insurance, professional liability, regulation and discipline as well as commercial dispute resolution, makes us the natural stop for anyone seeking advice or representation on any aspect of the law relating to legal professionals, legal expenses insurers and litigation funders.   There is nothing within the costs field that we cannot advise upon and our expertise includes all areas of both litigious and non-contentious business.

Group Litigation and Collective Proceedings

Many of the team are also recognised as experts in the areas of group litigation and collective proceedings, frequently advising class representatives, claimants, insurers and funders as well as defendants in many of the largest and most important group and collective proceedings now taking place. We appear in the High Court and the Competition Appeal Tribunal representing litigants as well as interested parties such as funders and insurers.

Recognised as a Leading Set for Costs Law

Noted in the legal directories as “a leading set for costs law matters”, our members work closely with many of the UK’s top litigation funders and ATE insurers, advising on and drafting litigation funding agreements and damages-based agreements and acting in related costs disputes.

We are top ranked in this area in both Chambers & Partners and Legal 500 and also have top ranking in Chambers & Partners’ Litigation Finance Deal Counsel.

Described as “incredibly responsive”, clients praise our “practical approach to issues”, noting “The work they handle for us is specialised and high stakes. We trust them to deliver.”

Alternative Dispute Resolution (ADR)

We offer the full range of ADR services in connection with costs and litigation funding disputes, including arbitration, expert determination (e.g. under dispute resolution clauses), mediation and neutral evaluation.  Members of the costs team can also conduct paper or live assessments of bills of costs as an alternative to the delay and uncertainty that can result from court proceedings.

Members of our costs team are instructed in most of the leading costs cases and it is a rare occurrence for a significant Court of Appeal or Supreme Court costs case to pass without the involvement of our members on at least one and often both sides. We appear in every court and tribunal in which costs issues and disputes arise including the Supreme Court, the Court of Appeal, the High Court and the Competition Appeals Tribunal, as well as the Senior Courts Costs Office and the County Court.  Members of chambers also appear and advise on costs issues connected to other common law jurisdictions, including the Channel Islands, Bermuda, The Bahamas and the BVI.

Featured Cases

• Armstead v Royal & Sun Alliance Insurance Co Ltd [2024] UKSC 6: an important decision on contractual liabilities, remoteness and the burden of proof.
• Federal Republic of Nigeria vs Process & Industrial Development Limited [2024] EWCA Civ 790: US$43m costs are involved in this highly complex and high profile case which is now going to the Supreme Court.
• Gormsen v Meta Platforms Inc and another: £1bn claim against Meta relating to a claim in the Competition Appeals Tribunal.
• Hassam & Anor v Rabot & Anor [2024] UKSC 11: two test cases relating to way damages for minor injuries are calculated under the Civil Liability Act 2018.
• Justin Gutmann v Apple Inc: the largest opt-out class action ever brought in the Competition Appeal Tribunal. 
• Kenig v Thompson Snell & Passmore [2024] EWCA Civ 15: leading Court of Appeal decision on the scope of assessments under s71(3) Solicitors Act 1974.
• Kuwaiti Public Institution for Social Security v Al Rajaan & Ors: costs litigation in relation to the substantial costs incurred in a US$800m claim relating to allegedly unlawful and corrupt schemes.
• Mark McLaren Class Representative Ltd v MOL (Europe Africa) Ltd [2024] CAT 47: landmark Competition Appeal Tribunal decision establishing that CAT has the jurisdiction to order payment of funding and other costs on partial settlement of collective proceedings.
• Richardson & Ors v Slater & Gordon UK Ltd: important test litigation for personal injury practice relating to whether solicitors can make deductions from damages in respect of costs.
• Signature Litigation LLP v Ivanishvili [2024] EWCA Civ 901: the Court of Appeal judgment is the leading decision on the circumstances in which interim statutory bills can be rendered.
• Omni Bridgeway & Therium v Bugsby: £27m claim against litigation funders and the first case to consider the enforceability of LFAs post PACCAR.
• Rhett St James v Wilkin Chapman LLP [2024] EWHC 1716 (KB): High Court decision on effect of costs budgets on solicitor client costs.
• Various Claimants v Mercedes-Benz Group AG and Others & Ors [2024] EWHC 695 (KB) and Pan NOx Emissions Litigations [2024] EWHC 1728 (KB): largest ever group action involving over 1.5m claimants bringing claims against almost every major car manufacturer.
• Grenfell Tower costs litigation.