A Thomas Miller Company
The Selling of Arbitration Awards – Are your clients aware of their options?
James Delaney• May 3rd, 2019
Litigation funding is now well understood as an option for Claimants pursuing international arbitration disputes to remove the financial cost burden of paying legal fees and expenses. The majority of legal budgets we see at TheJudge typically range between $1m-$15m, … Continued
Davey v Money & Otrs – An unwelcome decision for funders?
Emily Thomas• May 1st, 2019
On 17 April 2019, the High Court handed down a judgment that is likely to have significant repercussions for the commercial litigation funding industry. It was found that a third-party funder was liable for all of the defendants’ costs incurred … Continued
Is your pitching toolbox up to date?
Verity Jackson-Grant• March 13th, 2019
Post Lord Justice Jackson’s review of civil litigation costs, which effectively provided judicial endorsement to litigation funding, a small portion of commercial disputes lawyers started to highlight to prospective clients the possibilities of their using litigation finance to fund some … Continued
Adverse costs insurance: Differing perspectives
Verity Jackson-Grant• February 25th, 2019
Whilst attending a conference recently I was surprised to hear a representative of a well-known funder state that there are significant capacity issues within the ATE market and that it was becoming increasingly difficult for claimants to obtain adverse costs … Continued
Disbursement Funding Options
Katie Armstrong• February 7th, 2019
A client’s ability to fund disbursements is always a key consideration when preparing a legal budget. Historically, litigation funders would typically only consider cases of a certain size that met a significant cost to damages threshold. As a consequence, it … Continued
Funding and insurance for disputes: a year in review
Verity Jackson-Grant• December 19th, 2018
2018 could well be labelled the year of the litigation funder with key players announcing record profits and proclaiming the impact the market has had on how high value disputes are pursued. Below the trumpets of the funding market, however, … Continued
Portfolio litigation funding arrangements: what’s all the fuss about?
Verity Jackson-Grant• November 27th, 2018
A portfolio litigation funding arrangement enables multiple cases to be funded under a single facility through a streamlined process and on agreed terms. When reading the press or listening to funding focused panels during this year’s conference season, it might … Continued
High Court provides useful guidance on ATE as security for costs
Emily Thomas• November 2nd, 2018
In the latest decision regarding security for costs, the High Court have provided some helpful guidance in respect of policy terms which may cause an ATE policy to be inadequate to satisfy a defendant’s request for security for costs. At … Continued
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
