Non-Party Pays the Price


In a landmark ruling, the Supreme Court has confirmed that a person who funds litigation, but is not a party to the proceedings, may be liable for some or all of the costs of the proceedings where they are the main controller of, and driving force behind, the litigation and stand to benefit if the party they are funding is successful (Moorview Developments Ltd & Ors v First Active plc). Arthur Cox acted on behalf of First Active plc, as now substituted by Ulster Bank Ireland DAC.

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