Interest on Costs for Funded Claimants: What Município de Mariana v BHP Means in Practice

Holly Shaw and Charlotte Ioannou of Kingsley Napley discuss a significant English Court of Appeal ruling arising from the Município de Mariana v BHP litigation, in which the Court confirmed that successful claimants whose solicitors act under conditional fee agreements can recover pre-judgment interest on legal costs even where they have not paid those costs or borrowed money to finance the proceedings, recognising the economic value of litigation credit and clarifying that such interest does not amount to an indirect recovery of otherwise irrecoverable success fees, with important implications for costs recovery in funded litigation.

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