A Thomas Miller Company
TheJudge’s May Insights
TheJudge• May 10th, 2019
Don’t fall foul of the updated SRA obligations Unless you are new to dispute resolution, it is likely that you’ll have a good understanding of litigation funding and ATE insurance and will engage in regular discussions with your clients about the … Continued
Insurance is an essential ingredient as the global expansion of litigation funding continues
Matthew Amey• May 3rd, 2019
Insurance is an essential ingredient as the global expansion of litigation funding continues The Abu-Dhabi Global Markets (ADGM) Courts have published a set of Litigation Funding Rules 2019 making them the first authority to issue such rules in the Middles … Continued
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 Remain Recoverable for Defamation and Privacy Cases
TheJudge• December 3rd, 2018
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 of 6 April 2019, conditional fee agreement success fees … 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
