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
TheJudge Opens New Office in the Heart of Manchester
Emily Thomas• December 19th, 2017
We are pleased to announce that we have opened a new office in the heart of Manchester. The office, which is on Brown Street, opened in November and is headed up by Emily Thomas. Emily is a qualified solicitor and … Continued
Association of Litigation Funders turn down application.
TheJudge• October 18th, 2017
The Association of Litigation Funders (ALF) have demonstrated a willingness to increase the threshold of capital that sits within the control of their funder members so that the code is seen to improve and adapt to the growing marketplace. The … Continued
Hong Kong Allows Third Party Funding
TheJudge• July 10th, 2017
On the 14th of June 2017 Hong Kong’s Legislative Council passed a law which permits third party funding for arbitrations based in Hong Kong. It does extend to cover arbitrations in other territories where the work associated with the arbitration … Continued
Damages Based Agreements Become Law In Scotland
TheJudge• June 19th, 2017
Damage based agreements (DBAs) are not new in the United Kingdom, however, they were previously unavailable in Scotland. The introduction of the Civil Litigation (Expenses and Group Proceedings) Bill on the 1st of June 2017 will alter this and permit … Continued
Litigation Funding; No Rush to Regulate
TheJudge• March 15th, 2017
In response to a series of questions regarding the regulation of the litigation funding industry, the Government conclude a present lack of need for further assessment. Despite its proliferation over the past decade, the market for litigation funding remains largely … Continued
High Court accepts ATE cover as sufficient to dismiss security for costs application
Robert Warner• November 10th, 2016
A recent High Court decision which accepted that ATE insurance policies were adequate security has offered some welcome reassurance to impecunious Claimants who may have previously had their claims stifled by an inability to satisfy an order for security for … Continued