A Thomas Miller Company
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
Mixed Feelings Over the Single European Patent and Unified Patent Court
TheJudge• May 12th, 2016
The single European patent will enable a single patent registration application to be Europe-wide. It has been claimed that this will reduce the costs (it has been mooted that this reduction could be as much as 80%), enabling SMEs to … Continued
From 1st April CFA success fees & ATE premiums will no longer be recoverable for insolvency cases
Katie Armstrong• January 14th, 2016
From the 1st April 2016 CFA success fees and ATE premiums will no longer be recoverable for insolvency cases. Act quickly to take advantage of the existing rules. The effects of this legislative change will inevitably be most acute in … Continued
Ding Dong is Mitchell Dead?
TheJudge• December 13th, 2015
While there may not have been singing in the street, some recent and interesting developments in case law mean that solicitors who could have been facing heavy sanctions for missing court deadlines may be able to breathe a quiet sigh … Continued
CLASS OF 2015: The Consumer Rights Act Comes into Force
James Blick• December 1st, 2015
The Consumer Right Act 2015 came into force on 1st of October 2015 and introduces a limited “opt-out” collective action and collective settlement regime to the UK for the first time. From the 1st of October the Competition Appeals Tribunal … Continued
Cost shifting in treaty cases
James Delaney• November 4th, 2015
Cost shifting in treaty cases? Step-up Adverse Cost Insurers As little as three years ago most law firms referring treaty cases to TheJudge, were either seeking funding or some form of insurance hedge for the lawyer’s own fees. Adverse costs … Continued
Firms with Benefits: How ATE Can Help Protect Against Professional Negligence and give Fee Earners an Edge
TheJudge• October 6th, 2015
Avoiding Negligence Claims for Failing to Advise – ATE Insurance There can be no doubt that advising client’s on the availability of After the Event (“ATE”) insurance for their case is best practice. Not only is it required under the … Continued
