A Thomas Miller Company
A step back from Saxon Woods? New decision deems ATE policy insufficient security for costs in case involving alleged fraud
Emily Thomas• June 4th, 2025
After-the-event (ATE) insurance policies fortified with anti-avoidance endorsements (AAEs) have increasingly been offered as security for costs in litigation. However, where there are allegations of fraud, courts have taken a more cautious approach. The recent decision in Lloyds Developments Ltd … Continued
TheJudge Contributes to The European Class Actions Forum 2024
Thejudge• June 26th, 2024
TheJudge recently contributed to The Europeans Class Action Forum 2024, hosted by ThoughtLeaders4 Disputes. The two-day conference in Amsterdam focused on the evolving class action regime in Europe. With speakers from across Europe and the globe, the event underscored … Continued
Amalgamation & Perspiration: The practical challenges of joining large-scale claims from an insurance perspective
Robert Warner• May 23rd, 2024
This article was originally published in TL4 Competition Magazine Issue 5: Riding The Rapids – Q2’s Competition Law and Litigation Update. In October 2023, the UK’s Competition Appeals Tribunal (“CAT”) consolidated two separate, competing actions against Google. The two … Continued
Court of Appeal decision provides clarification to actions brought by multiple claimants
Emily Thomas• April 22nd, 2024
Many cases are only economic to fund when claimants with similar claims pool their claims together and agree that the costs of funding and ATE insurance are shared between the claimant group. There have been countless examples of such reciprocity … Continued
Video Series: funding offshore litigation post-PACCAR
Thejudge• March 5th, 2024
In this two-part video series, Matthew Amey, Sarah Breckenridge and Simon Jerrum discuss issues arising in the funding of litigation in offshore jurisdictions, in light of the recent decision of the Supreme Court in PACCAR. The discussion includes considering when … Continued
Delay in the Courts and How Obtaining ATE Insurance prior to ADR/Mediation Can be Beneficial
Donna Nortcliffe• January 13th, 2023
It has recently been reported that there are considerable delays in the Court system, for example, with Multi Track claims taking up to four months longer to reach trial. Whilst in some cases, parties have little choice but to commence … Continued
Benefits of using a Broker
Donna Nortcliffe• August 1st, 2022
Solicitors have a duty to advise their clients with regards to potential insurance/funding options available to them under the SRA Standards and Regulations (“STaRs”). This can be time consuming when in the midst of dealing with a litigation matter and … Continued
New Delaware Supreme Court decision opens door to recovering cost of litigation funding
Thejudge• April 29th, 2022
In the U.S., the general rule is that each party in a legal proceeding pays its own costs and fees. There are some exceptions under which federal courts, and occasionally federal agencies, may order the losing party to pay the … Continued
Tech Giants fail in bids to reveal ATE premiums in the CAT
Thejudge• March 7th, 2022
The Competition Appeal Tribunal (“CAT”) has refused to disclose a proposed representative claimant’s after-the-event insurance premiums to Google, ruling for the second time in recent months, that to do so would give the defendant an ‘unfair tactical advantage’. As part … Continued
