A Thomas Miller Company
Damages in the Competition Appeal Tribunal
TheJudge• November 14th, 2012
Competition Law is used to ensure a competitive market free from restraints on trade, to encourage innovation, improve quality and to thereby protect and benefit both businesses and consumers. The EC Treaty is the European Union’s anti-competitive legislation which sets … Continued
IP Litigation: Patents County Court vs. High Court
TheJudge• September 14th, 2012
The Patents County Court is an innovative judicial forum. It aims to deliver a cost effective and swift resolution for Intellectual Property (IP) disputes, in turn boosting access to justice for SMEs and entrepreneurs. However, the recent case of Comic … Continued
Waiting on details of Qualified One-Way Cost Shifting
TheJudge• July 14th, 2012
From the beginning commentators have warned that with QOCS, the devil is in the detail. Some believe the idea is so flawed that a workable solution cannot be found whilst others foresee the start of a new round of costs … Continued
Mis-Sold Interest Rate Hedging Products
TheJudge• July 14th, 2012
CUSTOMER COMPENSATION NEEDS CLARITY The FSA recently acknowledged serious failings in the sale of interest rate hedging products by four of the UK’s biggest banks: Barclays, HSBC, RBS and Lloyds. A redress scheme has been agreed for those customers the … Continued
Importance of Early Consideration of ATE Insurance
TheJudge• July 14th, 2012
COURT OF APPEAL DECISION SHOWS IMPORTANCE OF EARLY CONSIDERATION OF ATE INSURANCE The Court of Appeal has decided that a successful claimant cannot recover the full cost of an After the Event (‘ATE’) insurance policy designed to provide retrospective cover … Continued
How Will End of ATE Premium Recoverability Affect Professional Negligence Disputes?
TheJudge• June 14th, 2012
After all the debates and reports in recent years, it appears almost certain now that recoverability of success fees and ATE premiums is set to end in 2013. You may have recently had your delegated authority scheme terms withdrawn or … Continued
ATE Premiums Still Recoverable in Insolvency Litigation
TheJudge• May 14th, 2012
GOVERNMENT ANNOUNCES THAT ATE PREMIUMS WILL STILL BE RECOVERABLE IN INSOLVENCY CASES UNTIL AT LEAST APRIL 2015 The majority of the cost reforms detailed within the Legal Aid, Sentencing and Punishment of Offenders (‘LASPO’) Bill are to come into force … Continued
Poll Suggests SMEs Unaware of Litigation Funding Options
TheJudge• April 14th, 2012
A recent YouGov poll indicates that 52% of SMEs would not consider legal action due to the perceived level of costs involved. Furthermore, 40% of those questioned were unaware that funding arrangements are available in commercial disputes. Whilst this can … Continued
Top Tips: A Winning Application
TheJudge• March 14th, 2012
Whilst there are no hard and fast guidelines as to what information will guarantee an offer of ATE insurance cover or litigation funding, the following tips will help strengthen your application. SUMMARISE THE CLAIM Nothing is more off-putting to an … Continued
