Test case for disclosing identity of litigation funders

Stuart Barrie Wall v The Royal Bank of Scotland plc [2016] EWHC 2460 (Comm), 7 October 2016

The Commercial Court had to consider RBS’ application for an order to disclose the identity of Mr Wall’s third-party litigation funders, so as to enable RBS to apply for security for costs from those funders pursuant to CPR r.25.14(2)(b), being third parties who have “contributed or agreed to contribute to the claimant’s costs in return for a share of any money or property which the claimant may recover in the proceedings”. Without knowing the identity of those funders (if any), RBS was effectively precluded from protecting its financial position in the main proceedings.