Cases

Hamilton v Al Fayed (No 2)

Issue

The issue was whether pure funders are generally exempt from section 51(3) liability for the successful unfunded party's costs, the starting point being the decision of the House of Lords on section 51, Aiden Shipping Ltd v Interbulk Ltd [1986] AC 965, 980 - 981. This involved conflicting principles: should the law accord priority to the funded party gaining access to justice or to the unfunded party recovering his costs if he wins?

Also