Liability of litigation funder

Princo v Phillips ChD 16 September; ALCD Journal October

Phillips commenced patent infringement proceedings against Aventi in respect of unlicensed discs made by Princo. Phillips made a deliberate decision not to join Princo in the litigation. Princo undertook payment of the costs of Aventi’s defence which enabled them to defend the action. Aventi went into insolvent liquidation and Phillips was permitted to join Princo as a party for the purpose of seeking an order for costs against it.