Court Orders Disclosure of Litigation Funding in Topalsson v Rolls Royce: Key Legal Principles Explored

Citation: [2024] EWHC 297 (TCC)
Judgment on


In the case of Topalsson GmbH v Rolls Royce Motor Cars Limited, the court examined various legal principles relevant to the application of non-party costs orders under s. 51 of the Senior Courts Act 1981. This arose from Rolls Royce’s Funding Disclosure Application in the context of its Non-Party Costs Application. The case dealt with issues surrounding pre-existing confidentiality obligations, the timing of disclosure applications, and the connection between funders and the control of litigation.

Key Facts

Rolls Royce sought a non-party costs order against individuals who potentially funded the litigation conducted by Topalsson. The disclosure sought related to the identity and source of the litigation funding, highlighting key principles within English law on non-party costs orders. The court considered whether such an order was premature in light of a pending appeal and explored whether compliance with such an order would lead to a breach of foreign law and contractual confidentiality agreements.

The case elucidates several key legal principles:

  1. Exceptional Nature of Non-Party Costs Orders: In line with the established principle that non-party costs orders are exceptional (Dymocks Franchise Systems (NSW) Pty Ltd v Todd), the court noted these orders are not outside the ordinary run of cases.

  2. Real Party to Litigation: The court underscored that non-parties who control and stand to benefit from litigation may be considered the ‘real party’ to the litigation (Dymocks Franchise Systems, DNA Productions (Europe) Ltd v Manoukian, Goknur Gida Maddaleri Enerji Imalet Ithalat Ihracat Ticaret ve Sanati AS v Aytacli).

  3. Ancillary Orders for Remedy Effectiveness: The principle that courts have the power to make ancillary orders to ensure the effectiveness of a remedy was applied (Raiffeisen Zentralbank Osterreich AG v Crossseas Shipping Ltd).

  4. Disclosure Despite Breach of Foreign Law: The court relied on principles regarding the tension between English law requirements for disclosure and foreign law obligations, noting that English courts rarely avoid making disclosure orders on the ground of breach of foreign law (Bank Mellatt v HM Treasury).

  5. Protection of Privacy and Confidentiality: The court must protect individual privacy and confidentiality where possible without compromising justice (Zuckerman on Civil Procedure).

  6. Timing of Disclosure Applications: The ruling showed that applications for disclosure should not necessarily be delayed due to pending appeals if no stay is in place in respect of the costs order.

  7. Identification of Funders: Following Automotive Latch Systems Ltd v Honeywell International Inc and Stati v Kazakhstan, the court recognized the necessity of identifying funders for the effective resolution of non-party costs orders.


The court ordered Topalsson to provide detailed funding information, rejecting the argument that the application was premature despite the pending appeal. The judge was not convinced of the substantial risk of prosecution or civil proceedings in Germany as a result of compliance with the order. Recognizing the potential for ‘satellite litigation,’ the court ordered that the disclosure provided shall initially be confidential to the parties. The costs of the application were to be paid by Topalsson.


In Topalsson GmbH v Rolls Royce Motor Cars Limited, the court provided critical elaboration on the principles governing the applications for non-party costs orders. The judgment highlighted the discretion courts have in such matters, the balance between foreign legal obligations and English procedural law, and the importance of ensuring that justice is not compromised by confidentiality or privacy concerns. This case reaffirms that funders with significant control and potential benefit from litigation can be obligated to financially contribute towards costs, reflecting the wider imperative within English law to maintain transparency and fairness in judicial proceedings.

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