Let the Funder Beware
TheJudge• November 14th, 2011
The High Court has ordered a law firm to disclose details of its litigation funding arrangements with two clients so that the successful defendants can determine whether the solicitors financially supported the cases. If they did, the defendants may pursue … Continued
Hugh Grant speaks out about dangers of reforming CFAs
TheJudge• November 14th, 2011
With the aid of actor Hugh Grant, the ongoing Leveson enquiry into tabloid journalism has helped highlight the tragic consequences of the MOJ’s proposed reforms to eradicate the recoverability of CFA success fees and ATE insurance premiums. Speaking during the … Continued
How to reduce Litigation Risk
TheJudge• November 14th, 2011
As undesirable as it is, at some point within its life, a company will usually find itself at risk of some form of litigation, and that risk can have a huge impact on the company’s finances. The legal costs involved … Continued
New SRA Code of Conduct
TheJudge• October 30th, 2011
On 6th October 2011, the SRA’s new code of conduct came into force. Section IB 1.16 of Chapter 1 Client Care ‘indicative behaviours’ states that lawyers must discuss the insurance and/or financing options available to all clients. This obligation existed … Continued
TheJudge Comments on ATE Insurance within International Artbitration Cases
TheJudge• September 14th, 2011
International arbitrations are particularly costly and usually lengthy proceedings, but the damages available to be claimed by such proceedings are often very substantial and compensate for any inconveniences and the drawn-out nature of this process. For this reason, third party … Continued
Hybrid Fee Arrangements in a non-recoverable regime
TheJudge• September 14th, 2011
Whilst TheJudge is often asked about the consequences of the potential changes to the recoverability of After the Event insurance (‘ATE insurance’) premiums, the Legal Aid, Sentencing and Punishment of Offenders Bill is also putting forward that Conditional Fee Agreement … Continued
Commercial litigators walk negligence tightrope
TheJudge• August 14th, 2011
The changes to civil litigation costs proposed in Lord Justice Jackson’s report, which are to be implemented in the current Legal Aid Bill, could expose litigators to potential negligence claims according to independent risk transfer broker TheJudge. This increased risk … Continued
INSOLV3NCY – Interest Soars
TheJudge• August 14th, 2011
It appears the launch of INSOLV3NCY, a specialist suite of ATE insurance solutions for insolvency litigation, has hit the spot with many insolvency practitioners and insolvency litigation solicitors. We previously mentioned the launch of INSOLV3NCY in news briefings a few … Continued
Other jurisdictions following English example?
TheJudge• July 14th, 2011
The Scottish Government has announced that they are to embark upon a review of litigation funding, echoing the evaluation undertaken by Sir Rupert Jackson in his Civil Litigation Costs Review in England and Wales. The review will be undertaken by … Continued