ATE Insurance Policy is Deemed Adequate Security for Costs
TheJudge• February 14th, 2013
Until now, the general wisdom has been that an After the Event (‘ATE’) insurance policy alone is unlikely to provide adequate security for costs (Michael Phillips Architects Limited v Riklin and another [2010] EWHC 834 (TCC)). However, very recently there … Continued
New Opt-Out Collective Settlement Regime in the CAT?
TheJudge• February 14th, 2013
Recently, the Government’s BIS (department for Business, Innovation and Skills) announced proposed changes to the way in which competition litigation is dealt with in the UK. One of the proposed amendments, in addition to the changes in how private actions … Continued
ATE Insurance Policy is Deemed Adequate Security for Costs
TheJudge• February 14th, 2013
Until now, the general wisdom has been that an After the Event (‘ATE’) insurance policy alone is unlikely to provide adequate security for costs (Michael Phillips Architects Limited v Riklin and another [2010] EWHC 834 (TCC)). However, very recently there … Continued
New Opt-Out Collective Settlement Regime in the CAT?
TheJudge• February 14th, 2013
Recently, the Government’s BIS (department for Business, Innovation and Skills) announced proposed changes to the way in which competition litigation is dealt with in the UK. One of the proposed amendments, in addition to the changes in how private actions … Continued
All Change for Competition Litigation?
TheJudge• February 14th, 2013
Recently, the Government’s department for Business, Innovation and Skills (‘BIS’) published its plans to reforms the way in which private actions in competition litigation are dealt with in the UK, particularly in the Competition Appeals Tribunal (‘CA’). The reforms are … Continued
The Opaque Post-Jackson Regime
TheJudge• February 13th, 2013
At a recent seminar hosted by Kain Knight, Andrew Post QC of Hailsham Chambers drew an interesting comparison between the post-Jackson litigation costs regime and the poem ‘Waste Land’ by TS Eliot: ‘Waste Land’ begins with the line “April is … Continued
How to: Price Litigation
TheJudge• February 12th, 2013
Practitioners face a sea change in litigation from April, as radical changes to the way cases can be funded could see firms take on a greater share of the risk. The new costs budgeting regime also comes into force for … Continued
ATE INSURANCE OPTIONS RECAP
TheJudge• January 24th, 2013
The following can potentially be insured through the use of ATE insurance: A client’s adverse costs exposure; Own disbursements; A proportion of the client’s own solicitor’s fees; and Deeds of indemnity are potentially available to manage any security for costs … Continued
Case Study – Avoiding Wasted WIP
TheJudge• January 14th, 2013
Client A approaches law firm Joe Bloggs LLP with a prospective new ICC arbitration. Prima facie, the case appears attractive. Joe Bloggs LLP quickly ascertains that the quantum is likely to be in the region of £40milllion and the potential … Continued