A Thomas Miller Company
A fine balance – the future of insolvency litigation
James Delaney• July 6th, 2011
This Spring, the Ministry of Justice (MOJ) announced the planned implementation of Lord Justice Jackson’s proposal to reform civil litigation costs. These reforms are broad in scope but two principle proposals will have an impact on how litigation is run … Continued
UK Government issues its Justice Bill
Matthew Amey• June 22nd, 2011
The Government today issued its Justice Bill. As anticipated the Bill reaffirms the Government’s intention to implement Lord Justice Jackson’s proposals to eradicate the recoverability of after the event insurance premiums and lawyer’s success fees in England & Wales. If … Continued
Mirror, mirror on the wall
Matthew Amey• June 1st, 2011
Over the past decade, after the event (‘ATE’) underwriters have begun to better understand the dynamic between the quality of the case and the quality of the legal representation. It has always been true in theory that a comparatively poor … Continued
Update on Recoverability. Are recent authorities showing a Judicial Sea Change?
TheJudge• May 14th, 2011
During recent years, it has been very difficult for paying parties to mount any meaningful challenge to the reasonableness of a receiving party’s after the event insurance premium. Kris Motor Spares Ltd v Fox Williams LLP [2010] EWHC 1008 (QB) … Continued
Being blackballed
Matthew Amey• February 21st, 2011
A leading after-the-event (ATE) insurer recent told us, without explanation, that they categorically did not want to receive any further applications from a well-known firm of solicitors. I found out later that the insurer was taking this position as a … Continued
Conditional fee agreements after Jackson: consultation and next steps
TheJudge• October 14th, 2010
Lord Justice Jackson published the “Review of Civil Litigation Costs: Final Report” in January 2010. The report made various proposals for the reform of the costs regime in UK litigation. One of his key proposals was to end the recoverability … Continued
Litigation Finance follows credit crunch
James Delaney• January 27th, 2010
An expected flood of litigation triggered by the credit crunch has prompted the formation of a number of new companies that finance lawsuits. Litigation funders provide financing to companies embroiled in business disputes that would be unable to meet spiralling … Continued
The Evolution of Litigation Risk Transfer. Hedging Risk In M&A Transactions and Beyond
James Delaney• December 2nd, 2009
As confidence returns to transactional markets, some companies involved in, considering or the target in an M&A deal may fear being encumbered by impending litigation hanging over their business. There are ways, however, to restrict that risk. During the past … Continued
Theory of Evolution
Matthew Amey• June 1st, 2009
In the 200th anniversary year of Darwin’s birth, the world of litigation funding is witnessing its own form of convergent evolution between After-the-Event insurance (ATE) and Third Party Funding (TPF). In the natural world, two entirely distinct species with differing … Continued
