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LEGAL RISKS INSURANCE

Specialists in Insuring Litigation and Arbitration Costs
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About TheJudge

Founded in 2000, TheJudge is an international broker for specialty legal risk insurances including ATE insurance, contingency fee (Damages Based Agreements) Insurance and other legal risk covers. TheJudge is ranked Tier 1 by Chambers & Partners.

In 2020 TheJudge Group was acquired by the Thomas Miller Group, a specialist insurance and financial services business, which currently writes in excess of USD $1bn in premiums a year and has over USD $3.5bn AUM, operating from 18 offices around the world.

In 2021 the senior management team, together with Thomas Miller launched Erso Capital, a specialist litigation finance company. Between its discretionary funds, single managed accounts and co-investment funds, Erso has access to capital in excess of USD $1.0 billion. The relationship between TheJudge and Erso means our clients have access a range of solutions that can be adapted to their particular needs and requirements.

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  • “Air Canada has its share of significant litigation matters that entail a high expenditure on fees and disbursements. While we have the ability to self-fund, in some circumstances we might prefer to hedge the economic risk of a negative outcome. In these situations, we find litigation insurance to be a very cost-effective way of hedging our risk.”

    Air Canada

  • “TheJudge were able to secure a novel insurance hedge for our client’s exposure… the team worked hard to ensure the package met the demands and needs of the client by providing a necessary cost protection, with no upfront costs and crucially without the need for the client to give up a significant percentage style contingency fee.”

    Clifford Chance LLP

  • “TheJudge has been central to the ATE/Funding market since day one.”

    David Greene, President of the Law Society of England & Wales

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News
Erso Capital, DBAs and the need for transparent discussions
May 30th, 2021

As reported by The Lawyer and various other media outlets, February saw the launch of Erso Capital, a litigation finance company affiliate to TheJudge Group. While much of the media attention focused on Erso’s extensive access to capital (exceeding $1bn), … Continued

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Court of Appeal decision in Zuberi v Lexlaw ushers in new era for DBAs
February 24th, 2021

I have extolled the virtues of Damages-based agreements (DBAs) for clients and law firms in commercial litigation since they became permissible in England and Wales in 2013. They are a  simple and straightforward form of fee arrangement, that creates a … Continued

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Order for security funding cost prohibitive
September 28th, 2020

Tribunal overturns own order for security because the cost of funding the security was “prohibitive” An ICSID tribunal has overturned its own order that the claimant provides security for costs in order to allow a German administrator to proceed with … Continued

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