2014 – A YEAR IN REVIEW
TheJudge• December 13th, 2014
As Christmas approaches, we take the opportunity to look back over some of the key changes in the litigation funding sector. 1. No refunds for broken DBAs It’s not often that we get a stocking filler from the MOJ, but … Continued
DBAs – “All or nothing” or has it all been for nothing?
James Blick• November 12th, 2014
It was reported yesterday that the Ministry of Justice has asked the Civil Justice Council to set up a working party to propose long overdue “technical revisions” to the much-maligned Damages Based Agreements Regulations. However, in so doing, the MOJ … Continued
What is the worst that could happen?
James Blick• November 5th, 2014
Question: What’s the worst that could happen? Answer: Excalibur The litigation funding industry has been waiting for the Court to hand down a costs ruling on the now notorious funded case of Excalibur Ventures v. Keystone et al. The case … Continued
When is the lesser of, the greater of?
Matthew Amey• November 3rd, 2014
Whilst the professional litigation funding market hasn’t been around for quite long enough to label any of the pricing models “traditional”, there are typical structures. The most prevalent is that of a funder collecting a fee which is the “greater … Continued
Security for Costs in Bilateral Investment Treaty Arbitrations – Can funding really level the playing field?
TheJudge• October 12th, 2014
It was recently reported that an ICSID Tribunal ordered US oil company RSM to post security for costs in what is thought to be the first decision of its kind in RSM Production Corporation v. Saint Lucia, ICSID Case No. … Continued
R3 continue to lobby for insolvency exemption from LASPO
TheJudge• October 4th, 2014
In its latest manifesto, R3 look to the next government to continue to improve the UK’s insolvency regime. The number of insolvencies during the coalition government has been low, but R3 foresee a change in the economic climate that could … Continued
Another Litigation Funder Launches in the UK
James Delaney• September 23rd, 2014
IMF Bentham Europe have recently launched in the UK via a joint venture with hedge fund Elliot Management Corporation. IMF are one of the longest established funders with their roots in Australia. So what does the launch mean for UK … Continued
ATE Premiums & CFA Success Fees for Insolvency Proceedings from April 2015
TheJudge• September 13th, 2014
ATE Insurance Premiums and CFA success fees will cease to be recoverable for Insolvency Proceedings as of April 2015 Legal media are reporting that Shailesh Vara (The Parliamentary Under-Secretary of State for Justice) has stated that the Government issued an … Continued
Expanding Market: A New Litigation Funder Launches in the UK
TheJudge• September 11th, 2014
IMF Bentham Europe have recently launched in the UK via a joint venture with hedge fund Elliot Management Corporation. As long-established funder with their roots in Australia, IMF Bentham may prove to be an exciting addition to the UK market. … Continued