Global Economic Turbulence – The equalizer opportunity for international arbitration lawyers
TheJudge June 18th, 2020

A few weeks ago was a dire week in the global financial markets, following the US Federal Reserve’s pessimistic warnings about the slow economic growth ahead.  Both big and small businesses are suffering alike.  Whether because of drastic government bailouts, … Continued

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TheJudge’s views on the IBA’s report on Legal expenses insurance and access to justice
TheJudge October 2nd, 2019

This year’s International Bar Association’s annual conference kicked off in Seoul with the release of their latest piece of research; “Legal Expenses Insurance and Access to Justice”. The report focuses on legal expenses insurance and explores how it can assist … Continued

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Competition Review
TheJudge July 15th, 2019

Creative solutions for financing competition litigation Deciding whether to pursue a competition claim following loss as a result of anti-competitive behaviour is not an easy decision to make. Potential claimants can find themselves in the frustrating situation of needing cash … Continued

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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

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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

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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

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TheJudge’s September Insights
TheJudge September 17th, 2018

TheJudge’s Response to the Government’s Post-Implementation Review of Part 2 of LASPO 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 … Continued

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6 example questions to test yourself
TheJudge February 26th, 2018

6 example questions to test yourself   1. Know that litigation insurance – aka ATE insurance – is not solely restricted to adverse costs, and that insurers can also cover a claimant’s own legal fees (whether in conjunction or in … Continued

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A 2 Minute Review of Litigation Finance in 2017 and Predictions for 2018
TheJudge December 15th, 2017

A 2 Minute Review of Litigation Finance in 2017 and Predictions for 2018   2017 saw a flood of new capital into the litigation finance market, particularly from new US based funders. This has been aptly demonstrated by various large … Continued

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