Hamilton v Al-Fayed and Others (No 3): QBD 13 Jul 2001

Where a person funded another’s court action as an act of charity, it should be exceptional to order that third party to contribute to the costs of the successful opponent. Nevertheless there could be no absolute rule against such orders. There is a clear distinction between those who act in this way as pure funders, and those who funded litigation from some contractual obligation. Another relevant consideration was whether the funder had information to suggest that the claimant had a reasonable prospect of success, or whether he acted as some quixotic philanthropist.


The Hon Mr Justice Morland


Times 25-Jul-2001, [2001] EWHC QB 389




Courts and Legal Services Act 1990 4(1)

Costs, Defamation, Litigation Practice

Updated: 19 May 2022; Ref: scu.81197