- Disclosure of the identity of third-party funders and existence of ATE insurance
- RBS Rights Issue Litigation
- Application in relation to third-party funder
- Application in relation to the ATE policy
This Practice Note discusses the RBS Rights Issue Litigation, disclosure of the identity of third-party funders and the existence of After the Event (ATE) insurance. ATE insurance is insurance that covers the legal costs and expenses involved in litigation. It can be used in any type of litigation and by either a claimant or a defendant. However, in practice, ATE insurance is primarily used by claimants. In this case, the High Court set out important principles with respect to the circumstances in which the court may order disclosure of the identity of third-party funders and details of ATE insurance. The question was whether the defendants sought to invoke a case management power in aid of the proportionate, expeditious and efficient management of the proceedings, or whether they were in reality seeking disclosure with a view to enforcement or some other objective. The judge concluded that it would be inappropriate to make the order for disclosure of the ATE policy in this case, finding that the defendants’ primary objective was enforcement.
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