Claimant may be ordered to disclose funder
The claimant alleged the misselling of interest rate sawp agreements by the defendant to his companies, leading to losses of andpound;700 million. The defendant now applied for disclosure of the identity of any third party funding the claimant’s litigation, and if appropriate the associated costs order.
Held: RBS has a proper basis to pursue an application under CPR 25.14 if only they can identify the correct respondent(s) to such an application. The order sought will require Mr Wall to provide information which he has that will enable RBS to identify that respondent or those respondents. There is a serious argument then to be had, on the merits, not between RBS and Mr Wall, although no doubt Mr Wall formally has an interest, but between RBS and the correct respondent(s), once identified, as to whether they should be required to put up security for RBS’s costs. An order would not infringe the claimant’s article 8 human rights.
Baker QC
[2016] EWHC 2460 (Comm)
Bailii
Civil Procedure Rules 25.14(2)(b)
England and Wales
Costs, Human Rights
Updated: 24 January 2022; Ref: scu.570438