Third Party Funding – Getting the Best Deal
James Blick• April 8th, 2013
Parties involved in international arbitration are increasingly looking for alternative methods of funding to manage risk and cash flow in relation to legal costs. One way of acheiving this is through the use of third party funding. Simply put, a … Continued
Post-Jackson: The Lawyer’s Dilemma when Advising Clients on Funding Options
TheJudge• March 29th, 2013
Now the dust is settling, with recoverability of ATE insurance premiums and CFA success fees soon to be a distant memory, the question many litigators are asking is “What’s Next?!”. The short answer, unfortunately, is that there is a more … Continued
Jackson Reforms: Trials and Tribulation
James Delaney• March 25th, 2013
One could be forgiven for thinking the campaign to halt or defer the main planks of the civil justice reforms devised by Sir Ruper Jackson is still in full swing. To be fair to the refusniks, the impression that all … Continued
Re-cap of what 1st April Means
TheJudge• March 13th, 2013
From 1st April… Paying or receiving referral fees in personal injury is banned. Law firms can pay into collective advertising schemes but they cannot pay for individual referrals. A new proportionality rule will be used by the courts to ensure … Continued
Funder or Arbitration Finance Broker? Know who you are dealing with
Matthew Amey• February 20th, 2013
It sounds like a simple question and it ought to be simple to differentiate between a funding provider and a funding broker, but unfortunately some businesses seek to promote themselves as a provider of litigation funding or arbitration funding when … Continued
Cost budgeting for arbitration funding
Matthew Amey• February 20th, 2013
Few could argue that we have our ears closest to the ground when it comes to dealing with mass of litigation funding and arbitration insurance companies around the world. This gives us first hand insight into common frustrations shared by … Continued
The Surge of ATE Insurance Applications Has Started!
TheJudge• February 14th, 2013
One effect of Lord Justice Jackson’s recommendations will be to remove the recoverability of ATE insurance premiums for all policies issued after implementation of the Legal Aid, Sentencing and Punishment of Offenders (‘LASPO’) Act. Implementation is set for April 2013 … Continued
Kain Knight Breakfast Seminar: The Consequences of Jackson Post April
TheJudge• February 14th, 2013
Kain Knight recently hosted a seminar to discuss the Jackson reforms and the effect they will have once implemented, via the Legal Aid, Sentencing and Punishment of Offenders Act (‘LASPOA’), in April. Although this meant much of the seminar discussed … 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