A Thomas Miller Company
ATE INSURANCE OPTIONS RECAP
TheJudge• January 24th, 2013
The following can potentially be insured through the use of ATE insurance: A client’s adverse costs exposure; Own disbursements; A proportion of the client’s own solicitor’s fees; and Deeds of indemnity are potentially available to manage any security for costs … Continued
The Draft Damages-Based Agreements Regulations 2013
TheJudge• January 14th, 2013
Last week, the Ministry of Justice released the final draft regulations on Damages-Based Agreements (DBA’s). The regulations state that, for all cases (other than personal injury and employment disputes), the allowable contingency fee will be capped at 50% of damages, … Continued
Highlights of 2012 and Pointers for 2013
TheJudge• December 30th, 2012
While it all seems like a distant memory now, 2012 was an important year for all things litigation funding. Here are a few of TheJudge’s key highlights from the last 12 months: THEJUDGE PREDICTS NEW ENTRANTS TO THIRD PARTY FUNDING … Continued
The Real Cost
Matthew Amey• November 18th, 2012
Losing recoverability means losing control. Over the past decade, not all barristers have embraced the idea of sharing risk with their clients through conditional fee arrangements (‘CFAs’). Indeed, some felt that it adversely affected their independence when providing advice to … Continued
The Countdown to LASPO Has Begun
TheJudge• November 14th, 2012
Don’t delay ATE insurance applications The end of premium recoverability for ATE insurance is fast approaching with the LASPO act due to come into force in April 2013. However, there is still time to secure an ATE policy for your … Continued
Do not Leave Arranging ATE Cover to a Litigation Funder
TheJudge• November 14th, 2012
At The Judge, we’ve seen a rise in the number of lawyers leaving the arrangement of ATE insurance to litigation funders. Litigators should be aware that this is rarely in the client’s best interest. A funder offering to pay for … Continued
Case Summary 2 Travel v Cardiff Bus
TheJudge• November 14th, 2012
2 TRAVEL GROUP PLC (IN LIQUIDATION) V CARDIFF CITY TRANSPORT SERVICES LIMITED 2 Travel brought a follow on claim from an OFT decision in 2008 in which Cardiff Bus had been found guilty of abusing a dominant position within the … Continued
LASPO Amendment for Clinical Negligence Cases
TheJudge• August 14th, 2012
The Ministry of Justice has recently confirmed an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) which will allow ATE insurance premiums for expert reports to be recovered from the defendant in clinical negligence cases. This … Continued
Clinical Negligence. The Current Issues
TheJudge• July 14th, 2012
As an increasing number of law firms begin to seriously consider and attempt to plan for a post Jackson, post LASPO future, the interest in innovative products such as disbursement funding has dramatically risen. This may be primarily down to … Continued
