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The Dilemma of Exclusivity Periods
Matthew Amey August 6th, 2014

The Dilemma of Exclusivity Periods When Arranging Arbitration Finance Any lawyer that has explored arbitration finance will doubtless be familiar with the scenario. You approach a funder who expresses interest in funding the case, perhaps gives you a quick indication … Continued

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Litigation Funding and ATE Insurance in 2014
Matthew Amey January 3rd, 2014

Increasingly competitive use of alternative fee arrangements will be one of this year’s challenges, Matthew Amey predicts As awareness of the Third Party Funding (TPF) market continues to increase amongst lawyers and their clients (in particular amongst corporate clients), we … Continued

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How low can third party funding go?
Matthew Amey October 29th, 2013

Most people, when first confronted with the notion of third party litigation funding, will inevitably and understandably want to know how much a funder is likely to charge before they make an application to the market. They appreciate that a broker … Continued

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Portfolio Funding Arrangements for Law Firms – Do They Work?
Matthew Amey August 1st, 2013

There has been a lot of recent discussion surrounding a portfolio approach to litigation funding by law firms. Numerous funders have indicated their willingness to consider this form of finance. But are they as attractive or as workable as they … Continued

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Enforcement strategy – not an afterthought!
Matthew Amey February 20th, 2013

We’ve previously advised on the importance of a good case memorandum when applying for arbitration funding. Some law firms have admittedly been better than others in addressing all the likely requirements of funders and arbitration cost insurers, but it is … Continued

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Security for Costs Case – A Red Herring?
Matthew Amey February 14th, 2013

We recently commented on reports that an After the Event (‘ATE’) insurance policy had been upheld as adequate security for costs. Now that more details have emerged, it appears that the story is perhaps not as ground breaking as it … Continued

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Professional Negligence Risks for Lawyers pre & post LASPO Act
Matthew Amey January 28th, 2013

I was asked yesterday whether solicitors face a greater or lesser risk of professional negligence surrounding the advice given to clients regarding litigation finance and After the Event (‘ATE’) insurance, once the Legal Aid, Sentencing and Punishment of Offenders Act … Continued

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Funding Litigation with Third Party Funders
Matthew Amey December 6th, 2012

There is a new and burgeoning market of specialist funding companies offering money and expertise to help businesses large and small unlock the value tied up in their legal disputes. These funders are known as Third Party Funders (TPF) and … Continued

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The Real Cost
Matthew Amey November 1st, 2011

Losing recoverability means losing control. Over the past decade, not all barristers have embraced the idea of sharing risk with their clients through conditional fee arrangements (‘CFAs’). Indeed, some felt that it adversely affected their independence when providing advice to … Continued

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