ICCA-Queen Mary Task Force publishes its Report on Third Party Funding in International Arbitration

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How to have your cake and eat it: utilising own fee insurance to reduce the client’s outlay whilst protecting your fee income
Verity Jackson-Grant March 26th, 2018

Producing a budget that is realistic and won’t scare off a prospective client during a pitch can be a challenge. Lawyers might be tempted to be overly optimistic in preparing the cost estimate, but this can be a cause of … Continued

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5th December 2017 – Decision – Alina Budana v The Leeds Teaching Hospital NHS Trust
Emily Thomas January 5th, 2018

On 5th December 2017, the Court of Appeal handed down the decision in Alina Budana v The Leeds Teaching Hospital NHS Trust [2017] EWCA Civ 1980. Emily Thomas summarises the court ruling and analyses the impact of this important judgment … Continued

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Recoverability of ATE Premiums in Defamation Cases
TheJudge November 28th, 2017

As you will no doubt be aware the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) saw the demise of recoverable premiums in After the Event insurance, for the vast majority of case types. Defamation, however, did not … Continued

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TheJudge’s client defeats security for cost application in landmark ruling in ICSID case
TheJudge July 10th, 2017

In Eskosol SpA v Italian Republic, ICSID Case No ARB/15/50, which is one of the many solar photovoltaic ECT cases being brought against Italy following changes to the tariff system, Italy sought to obtain two provisional measures: i) security for … Continued

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James Blick to speak at CDR Summer Litigation Symposium 2017 on 29th Jun
TheJudge June 23rd, 2017

James Blick, Director of TheJudge and head of the company’s US operations is to speak at the forthcoming CDR Summer Litigation Symposium on 29th Jun 2017 on “Managing the Costs of Litigation”. Click here for details of the event and … Continued

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More Capital = More Deployment Pressure & Off Piste Investing
TheJudge March 16th, 2017

Recent reports in the press have highlighted the significant amount of growth in litigation funding capital there has been in the last two years. A study by RPC identified an increase of 55% in the amount capital available to deploy … Continued

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Do funders really understand their exposure to Arkin risk after the COA decision in Excalibur?
TheJudge December 20th, 2016

On 18th November the Court of Appeal handed down their much anticipated judgment in Excalibur. The case itself has become the example for participants within the industry to demonstrate how not to approach litigation funding as well as the glaring … Continued

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Hulk Hogan, Sex Scandal, Revenge…and Litigation Funding
James Blick September 13th, 2016

The recent case of Terry Bollea v Gawker Media has all of the ingredients of a juicy headline-grabber – aging ex-wrestler sporting a handlebar moustache, a sex-tape showing Hulk Hogan in bed with the wife of his best friend (who … Continued

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Insurance Act 2015 – Implications for lawyers engaging with ATE Insurance on behalf of their clients
Robert Warner February 8th, 2016

Insurance Act 2015 – Implications for lawyers engaging with ATE Insurance on behalf of their clients The Insurance Act 2015 (“the Act”) comes into force on 12th August 2016 and fundamentally alters the duty of a proposed insured in presenting … Continued

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