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Notice of Funding meaning

What does Notice of Funding mean?
A notice of funding is a party’s written notification to opponents that it has entered into a litigation funding arrangement which may create “additional liabilities” recoverable as costs (for example, a conditional fee agreement (CFA) success fee or an after‑the‑event (ATE) insurance premium). In England and Wales this has historically been given on Form N251 under the Civil Procedure Rules and practice directions; it is a procedural device rather than a statutory term. The notice warns the paying party of potential extra costs exposure and preserves the receiving party’s ability to seek recovery of any additional liabilities. Late or defective notice can result in restriction or disallowance of those additional liabilities on assessment. Following LASPO reforms (April 2013), CFA success fees and most ATE premiums are no longer recoverable between the parties. Accordingly, notices of funding in England and Wales are now mainly relevant to transitional cases and limited exceptions where additional liabilities remain recoverable (for example, certain clinical negligence ATE premiums) or where pre‑April 2013 arrangements persist. Scotland and Ireland do not use Form N251 and additional liabilities are generally not recoverable, so formal notices of this kind are uncommon. Northern Ireland has a different costs regime; while there is no...
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View the related Checklists about Notice of Funding

CHECKLISTS
SIAC 2025 Arbitration Rules: Practical Checklist of Key Steps, Time Limits, Emergency and Expedited Procedures, Jurisdiction, Evidence, Hearings, Awards and Costs

Before commencing the arbitration Check limits; confirm SIAC clause; interim relief; tribunal size; proper nominations. Emergency measures Seek Emergency Arbitrator pre-constitution; urgent, Registrar-approved, binding relief. Expedited Procedure Apply pre-constitution; expect sole arbitrator, streamlined process, six‑month award. Commencing the arbitration Serve Notice on Registrar/respondent with required particulars, funding statement, fee. Responding to the arbitration Respond within 14 days; address claims, jurisdiction and counterclaims. Jurisdiction Arbitration proceeds unless screened; tribunal rules; object under Rule 31. Preliminary meeting and directions Attend administrative calls; hold early case management conference. Written statements File Claim, Defence, Counterclaim as directed; state facts, grounds, relief. Evidence Tribunal controls evidence; written testimony allowed; oral examination on request. The hearing Any party may...

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CHECKLISTS
Detailed Assessment of Costs: CPR PD 47 para 13.2 Document Checklist for Requests (Forms N258/N258A), including Legal Aid/LSC — England and Wales

When applying for a detailed assessment using form N258, ensure you submit every document required under CPR PD 47 para 13.2. Refer to the checklist below for guidance. You must also give an estimate of the time the detailed assessment hearing will require. Request for Detailed Assessment Hearing (general form) (Form N258) If the request is made by a party other than the receiving party, the applicant should provide all the documents listed below that are in their possession (CPR PD 47, para 13.2(k)). Checklist (Practice direction para reference / Document / Have I provided it?) CPR PD 47, para 13.2(a): A copy of the notice of commencement of the detailed assessment proceedings CPR PD 47, para 13.2(b): A copy of the bill of costs CPR PD 47, para 13.2(c): The document conferring the right to detailed assessment...

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CHECKLISTS
Contaminated Land Liability Transfer in Transactions: Asset and Share Sales, NewCo Structures, Exclusion Tests and Agreements under EPA 1990 Part IIA

Is land contamination an issue? According to the Law Society’s practice note on contaminated land, solicitors ought to assess potential contamination in every conveyancing matter they handle. It explains that, while only a minority of deals will be materially affected, practitioners must remain alert to possible environmental liabilities and think carefully about the enquiries and specialist support their clients might need—see Practice Note: Land contamination—Law Society practice note on contaminated land. Notably, the note summarises the contaminated land framework set out in Part IIA of the Environmental Protection Act 1990 (EPA 1990), including a concise explanation of who bears responsibility for remediation of contaminated land. Beyond clean-up obligations imposed under the EPA 1990, Pt IIA, contamination can also give rise to the following liabilities: clean-up duties under other regulatory schemes, eg environmental damage, works notices, or environmental permitting regimes civil claims, eg nuisance, negligence, or breach of contract criminal exposure, eg non-compliance with a remediation notice Refer to Practice Note: Environmental...

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NEWS
Local government law update—12 June 2025: Supreme Court ruling on Equality Act sex, planning reforms, Vagrancy Act repeal, NHS procurement slavery regulations, education AI guidance, Sizewell C funding

In this issue: Governance Planning Social housing Children’s social care Social care Healthcare Education Environmental law and climate change Local government finance Daily and weekly news alerts New and updated content Governance Equality Act 2010 provisions refer to biological sex, regardless of gender recognition certificate (For Women Scotland v Scottish Ministers) The Supreme Court ruled that, within the Equality Act 2010 (EqA 2010), the words ‘man’, ‘woman’ and ‘sex’ denote biological sex. Treating the relevant provisions as embracing ‘certificated sex’ by virtue of a gender recognition certificate (GRC) would render them incoherent and unworkable, and thus cannot be done. For sex discrimination claims, an individual has the protected characteristic of biological sex only. The relevant parts of the EqA 2010 fall within section 9(3) of the Gender Recognition Act 2004 (GRA 2004), and so displace the section 9(1) rule that a person with a GRC is, for all purposes, of the acquired...

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NEWS
Arbitration update: court tightens s72 AA 1996 challenges; tribunal may award costs on jurisdiction; SGA s49 clarified; Hong Kong SMS notice; TPF guidelines; FIFA database—18 September 2025

In this issue: Arbitration in England & Wales International arbitration Institutional and ad hoc arbitration Sector- and industry-specific arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information Arbitration in England & Wales English court adopts a strict approach to challenges to arbitration awards under section 72 of the AA 1996 A&N Seaways and Projects v Allianz Bulk Carriers [2025] EWHC 2126 (Comm) concerns a ruling stemming from two applications linked to A&N Seaways and Projects PVT Limited’s (the ‘Claimant’ or ‘Charterer’) claim form against Allianz Bulk Carriers DMCC (the ‘Respondent’ or ‘Owners’), aiming to contest an award pursuant to section 72(2)(a) of the English Arbitration Act 1996 (AA 1996) (the ‘Section 72 Challenge’). The applications comprised: (a) the Claimant’s bid for permission to amend its claim form to plead fresh particulars of fraud (the ‘Amendment Application’); and (b) the Respondent’s attempt to strike out the...

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NEWS
Environmental law weekly update: climate and energy (CfD AR7), PFAS, biodiversity net gain for NSIPs, waste (vape ban), water reforms, key judgments, ESG and enforcement—5 June 2025

In this issue: Air emissions and climate change Energy for environmental lawyers Environmental disputes and proceedings Environmental enforcement and prosecutions Environmental information ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage LexTalk®Environment: a Lexis®Nexis community Daily and weekly news alerts New and updated content United Kingdom Environmental Law Association (UKELA) Annual Conference Air emissions and climate change Commission proposes rules to verify carbon removals and storage methods The European Commission has unveiled a draft implementing regulation to set consistent verification rules for carbon removals, carbon farming, and carbon held in products, under Regulation (EU) 2024/3012. The proposal details procedures to deliver harmonised third‑party certification within the EU certification framework. It addresses Commission‑recognised certification programmes, requirements for certification bodies, audit obligations, and certification registries. The consultation window runs from 03 June 2025 to 01 July 2025. See:...

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PRACTICE NOTES
Appeals against costs orders under CPR 52: principles, procedure, permission and practicalities (England and Wales)

This Practice Notice explains what ought to be taken into account when considering an appeal against a costs order—the starting position being that such appeals are generally discouraged. It outlines the preliminary factors and the foundation for a costs-only appeal, which falls under CPR 52. It also covers the time limits for appealing, obtaining permission to appeal, challenging a refusal of permission, the correct venue for the appeal, the documents required to initiate it, and the consequences of bringing an appeal. This Practice Note does not consider: an appeal against the decision of a costs officer, as these are governed by special provisions in CPR 47.21 to CPR 47.24. For information, see Practice Note: Detailed assessment—appeals recovering the costs incurred in an appeal. For guidance, see Practice Note: Appeals—costs recovery appeals generally. For guidance, see: Civil appeals: general and preliminary considerations—overview Appeals as to costs are discouraged The courts’ general approach is that appeals from costs orders should be discouraged,...

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PRACTICE NOTES
UK National Security and Investment Act 2021: practical guide for lenders on notifications and call‑in risk across acquisitions, lending, share security (including Scots pledges), enforcement, real estate and insolvency

This Practice Note outlines the principal provisions of the National Security and Investment Act 2021 (NSIA 2021) before addressing the consequences of the Act for finance transactions. The NSIA 2021 requires, in specified circumstances, a mandatory notification to the Secretary of State ahead of acquiring control of an entity, and grants the government powers to review proposed or completed acquisitions where national security issues may arise (the call-in power). The regime’s impact should be assessed on certain finance transactions, particularly when financing a purchase or taking security over assets or shares in certain sectors—see Mandatory notification below—or where the asset or entity may present national security sensitivities. The substantive provisions of the Act commenced on 4 January 2022. Note that the call-in power has retrospective effect—see What is the call-in power? below. Also note that the NSIA 2021 extends to, and applies across, the whole of the UK. The National Security and Investment Act 2021—what does it do? This section provides a summary of the National Security and...

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PRACTICE NOTES
UK CFC regime: corporation tax assumptions, elections and special rules for assumed taxable total profits, corresponding UK tax and creditable tax

This Practice Note sets out, for calculation purposes, the corporation tax assumptions that must be applied when determining: the assumed taxable total profits and assumed total profits of the CFC the corresponding UK tax within the tax exemption rules, and the creditable tax of the CFC In turn, these assumptions are integral to the operation of the CFC rules and to the calculation of any resulting CFC charge. The corporation tax assumptions For these purposes, the assumptions are grouped into two broad categories: assumptions concerning the CFC itself, and assumptions about the application of the corporation tax rules to the CFC The assumptions are that: the CFC is: resident in the UK not a close company, and not a member of a group or consortium, and the corporation tax rules will apply subject to specific provisions put...

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PRECEDENTS
SRA-compliant Fixed-Fee Price and Service Information Notice Template for Law Firms (England and Wales)

1 Legal costs 1.1 The legal costs of [ insert brief description of services, eg obtaining a grant of probate and distributing an estate ] consist of [ two OR three ] principal elements: our fees; outlays we pay on your behalf (often referred to as disbursements) [ ; OR . ] [ costs you may need to pay to another party. ] 1.2 Our charges We apply a fixed-fee structure [ of £[ insert price excluding VAT ] OR ranging between £[ insert price excluding VAT ] and £[ insert price excluding VAT ] depending on [ insert description of the factors that will dictate where in the fixed price range your fees will fall, eg the value and complexity of your matter ] ] . [ If a matter or transaction does not reach completion, we reserve the right to charge for the work undertaken, using our standard charging rate of £[ insert rate...

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PRECEDENTS
Ireland-Loan Transactions: Pro forma Execution Checklist for Signing and Completion (Finance Documents, Virtual Completions via Escrow, Conditions Precedent, Waivers and Drawdown Notice)

Proforma checklist of documents for execution at signing and completion meetings in loan transactions This proforma checklist can be used by the lender’s solicitors to monitor, oversee and record the execution of documents at signing and completion meetings, or to be signed and circulated in escrow for closing virtually. It can be adapted for use with the relevant facility agreement. Signing is the point at which the parties execute the agreed versions of the finance documents and the deal becomes binding (albeit, in most cases, subject to certain conditions precedent being satisfied). Completion is the point at which money moves between the parties and the transaction is completed. Often, there is a gap between signing and completion which allows the parties to commit to the deal on signing but leave themselves a short period to satisfy the conditions attaching to funding. In other cases, signing and completion take place on the same day, in which case, all the conditions precedent to funding will need to be satisfied before...

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PRECEDENTS
Hourly-rate price and service transparency notice template for SRA-regulated law firms (England and Wales)

1 Legal costs There are [ two OR three ] key components to the legal costs for [ insert brief description of services, eg obtaining a grant of probate and distributing an estate ]: our fees; expenses we must settle on your behalf (often called disbursements) [ ; OR . ] [ costs that you may have to pay another party. ] Our charges Our hourly rate[s] for [ insert brief description of services ] [ is OR are ] £[ insert single hourly rate or list the rates for different fee earners ]. Typically, this kind of work requires [ insert range of hours ] hours to conclude. Accordingly, the average total of our fees will be £[ insert cost range ]...

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