Managing the Cost of Your Dispute
Verity Jackson-Grant• October 5th, 2018
Verity Jackson-Grant discusses how to identify the most commercial route to recovery Litigation funding is often hailed as the most effective risk transfer tool to finance a claim. However, for many businesses that simply isn’t the case. This may seem … Continued
Security for Costs in International Arbitration
Matthew Amey• September 20th, 2018
Funded Claimants in BIT claim against Venezuela ordered to pay Security for Costs – a sign of things to come in BITs going forward? The application of cost-shifting and by extension, security for costs, is an increasingly important issue in … Continued
Response to the Government’s Post-Implementation Review of Part 2 of LASPO
TheJudge• September 6th, 2018
Given the significant impact the implementation of LASPO has had on the After the Event (ATE) insurance market, we felt it important to share our experience with the Ministry of Justice in response to their Post-Implementation Review of Part 2 … Continued
US Patent Litigation 2018: A View from Across the Pond
James Blick• May 22nd, 2018
As every US patent litigator will tell you, the US has become a much more difficult place in which to enforce patents in recent years. The introduction of inter partes reviews (IPRs) in 2012 and the Supreme Court’s 2014 ruling … Continued
White & Case’s International Arbitration Survey – An analysis in the context of the arbitration finance and insurance market
James Delaney• May 22nd, 2018
White & Case has partnered with the School of International Arbitration at Queen Mary University London, to provide an updated study* on various recent trends and opinions with regards the evolution of international arbitration. Over 1000 respondents participated in the … Continued
Meeting your SRA duty to advise the client on how they can pay their fees
Verity Jackson-Grant• May 22nd, 2018
With the disputes funding market developing at the speed of knots, and with clients becoming ever more price-sensitive, lawyers can find it difficult to be confident in discussing how the client might pay for, or manage, the cost of their … Continued
Security for Costs – What next post Premier Motorauctions?
Robert Warner• May 16th, 2018
Much analysis has followed the Court of Appeal’s decision in Premier Motorauctions and the impact it may have on impecunious or nominal claimants (including Insolvency Practitioners (“IPs”) who have had their claims stifled by an inability to satisfy a security … Continued
ICCA-Queen Mary Task Force publishes its Report on Third Party Funding in International Arbitration
Verity Jackson-Grant• May 8th, 2018
On the 17th April 2018 the ICCA-Queen Mary Task Force released its long-awaited Report on Third-Party Funding in International Arbitration. The Task Force consisted of over 50 leading experts from more than 20 jurisdictions including professionals from every corner of … Continued
The ‘Arkin cap’ and the sum a funder can be ordered to give by way of security for costs
Emily Thomas• January 9th, 2018
The so called “Arkin cap” is a term derived from the decision of the Court of Appeal in Arkin v Borchard Lines [2005] 1 WLR 3055 which limits the liability of a third-party funder for adverse costs to an amount … Continued