Adverse costs insurance: Differing perspectives
Verity Jackson-Grant• February 25th, 2019
Whilst attending a conference recently I was surprised to hear a representative of a well-known funder state that there are significant capacity issues within the ATE market and that it was becoming increasingly difficult for claimants to obtain adverse costs … Continued
ATE Premiums Recoverable
TheJudge• December 3rd, 2018
ATE Premiums Remain Recoverable for Defamation and Privacy Cases The Government has announced that it will now commence s44 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (‘LASPO’) in relation to defamation and privacy cases meaning that, as … Continued
High Court provides useful guidance on ATE as security for costs
Emily Thomas• November 2nd, 2018
In the latest decision regarding security for costs, the High Court have provided some helpful guidance in respect of policy terms which may cause an ATE policy to be inadequate to satisfy a defendant’s request for security for costs. At … Continued
Double blow for Claimant following cost award in BIT claim against Republic of Kenya
TheJudge• October 29th, 2018
Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited have lost their claims against the Republic of Kenya (ICSID Case No. ARB/15/29) in a decision released on the 22nd October 2018. We’ve looked at the decision from the … Continued
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