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Rowe and others v Ingenious Media and others

In Rowe and others v Ingenious Media and others [2020] EWHC 235 (Ch) (10 February) the High Court heard an application about costs relating to a case about loss caused by negligence and fraud. The High Court decided in favour of the claimants that their liability for adverse costs should be several (and not joint) covering the risk that the defendants might obtain a costs order against the claimants but also decided in favour of the defendants that security for costs could be awarded against the litigation funder.

This costs application arose in the context of the Ingenious litigation. The claimants invested in Ingenious limited liability partnerships (LLPs) aiming to set off their share of the LLPs’ losses against other taxable income. Subject to any further appeal these schemes failed.

Consequently the claimants have sought to recover their losses from various Ingenious entities and intermediaries such as...

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