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Complex Litigation Specialty Risks Collective Actions

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SME Disputes

  • ATE insurance for own costs and adverse costs under £1m
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  • Erso Capital – Special SME Fund for cases needing funding under £500k

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How should a lawyer approach ATE insurance where the basis of the claim could have an adverse impact on the insurance community?
Matthew Amey November 24th, 2019

This might seem like a very narrow and remote question to pose but it is very topical one. With a High Court ruling on the Financial Conduct Authority’s (FCA) business interruption insurance test case being decided in favour of the insured policyholders, who have … Continued

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Court of Appeal decision in Zuberi v Lexlaw ushers in new era for DBAs
Matthew Amey 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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Litigation funders, group claims and security for costs: Rowe and others v Ingenious Media Holdings Plc and others
Matthew Amey March 4th, 2020

Litigation funders and after the event (ATE) insurers will be carefully reviewing a judgment delivered by Nugee J in the Rowe and others v Ingenious Media litigation because it will affect a number of group claims which, by their nature, … Continued

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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

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Response to the Government’s Post-Implementation Review of Part 2 of LASPO
Matthew Amey 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

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How litigation insurance can reduce write offs whilst opening the door to significant success fees
Matthew Amey May 22nd, 2018

The biggest complaint that lawyers make about the third party funding market is the difficulty they experience in securing an acceptable offer for their client, specifically how that translates into wasted fee earner time and, more often than not, client … Continued

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Litigation risk to boom in 2017
Matthew Amey April 25th, 2017

Financial advisors must make sure their legal counsel is up to speed with the options available. According to forecasts, 2017 is set to be a record-breaking year for commercial disputes, and FDs and financial advisors need to consider carefully their … Continued

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A month of surprises follows explosive growth in third party funding
Matthew Amey October 24th, 2016

This article first appeared in Legal Week on 24 October 2016. 2016 has proven to be a significant year for the third-party funding market The third party funding market has seen exponential growth since its inception, but 2016 has arguably … Continued

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Protecting IPs from Personal Liability Ensuring the Adequacy of ATE and Funding Agreements
Matthew Amey July 16th, 2015

Becoming the appointed liquidator of a business that has pending litigation poses both opportunity and risk. With the right legal team, that pending litigation becomes a viable asset that an IP is duty bound to pursue, however the potential rewards … Continued

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