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If you reap what you sew, is seed funding always the best solution?
Matthew Amey July 23rd, 2021

When it comes to pushing the envelope on the application of litigation funding, lawyers are sometimes known to try and persuade a funder to provide so-called “seed funding”. This is a relatively small commitment of funds to pay for disbursements or fees that … 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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Muddy Waters: Will Regulation Follow?
Verity Jackson-Grant September 13th, 2019

Will the Burford/Muddy Waters saga increase the likelihood of regulation for the litigation funding industry? It is not often that litigation funding makes the national, let alone international news, but the recent allegations made by Muddy Waters in respect of … Continued

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Funding Insolvency Disputes: There are more options than you think
Robert Warner August 9th, 2019

The use of litigation funding is commonplace in insolvency disputes. Most IPs and insolvency solicitors have first-hand experience of putting funding in place and have “go to” contacts that they use when the need arises. But familiarity can lead to … Continued

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Davey v Money & Ors: Beware of leaving the litigation funder to arrange the client’s ATE insurance
Verity Jackson-Grant June 11th, 2019

The judgement in Davey v Money v ChapelGate [2019] EWHC 997 (Ch) will have come as a disappointment to the litigation funding community. After all, the “Arkin option” doesn’t have the same ring of certainty as the “Arkin cap”. But … Continued

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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

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Litigation funding and insurance: avoiding rogue players
Verity Jackson-Grant February 7th, 2019

In any financial services sector, you will find a spectrum of companies with different credentials. At one end of the spectrum there will be legitimate entities, highly experienced companies serving the needs of their client base and moving the industry … Continued

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What claimants need to consider before entering into a litigation funding agreement
Verity Jackson-Grant October 24th, 2018

As the litigation funding market grows, claimants are faced with increased choice when sourcing funding and have more leverage when agreeing terms than ever before. Whilst “off the shelf” products exist, the majority of arrangements are tailored to the facts … Continued

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