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Hamilton v Al Fayed (No 2)
Comment
This a useful decision in clarifying the potential liability to costs of a third party who provides funding to enable a claimant to litigate his claim. The Court of Appeal made clear that there was no sensible basis for a court to distinguish between cases according to whether it approves or not of the particular litigation. The policy arguments favour a general approach that 'pure' funders should not be expected also to fund the opposing party's costs.