EU, UK TheJudge EU, UK TheJudge

The UPC's latest costs decisions: proportionality may protect you, but procedure will not 

Two recent UPC decisions highlight the importance of proportionality and procedural precision. In KEEEX v Adobe, the Court limited a substantial request for additional security; in Niche Biomedical v ONWARD Medical, an application to exceed the recoverable-costs ceiling came too late. We explore the implications for costs exposure, liquidity planning and making the right application at the right time.

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EU, UK TheJudge EU, UK TheJudge

UPC security for costs: economic substance over labels

Recent UPC decisions highlight the Court’s approach to proportionate security for costs and the importance of clear, timely applications to increase recoverable-costs ceilings. We examine the implications for litigation planning and how appropriately structured adverse-costs insurance can help address security requirements.

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UK TheJudge UK TheJudge

Summer Case Law Watch

The summer has already produced several decisions with practical implications for litigation funding and insurance. From the CAT’s expectations around funding transparency to the priority of funding costs following a statutory moratorium. Here’s a quick round-up of UK cases.

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GLOBAL TheJudge GLOBAL TheJudge

Litigation insurance is a capital allocation tool

Most discussions of litigation insurance focus on risk transfer. But for many corporate claimants, litigation insurance is increasingly serving a different purpose: helping boards and management teams make better capital allocation decisions around valuable legal assets.

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EU, UK TheJudge EU, UK TheJudge

Security for costs at the UPC after Syntorr v Arthrex

The UPC Court of Appeal in Syntorr v Arthrex held that properly structured ATE insurance with an anti‑avoidance endorsement (AAE) can fully satisfy the claimant’s “financial position” under Art. 69(4) UPCA / Rule 158.1 RoP, removing the need for costly security for costs deposits or guarantees. Robert Warner of TheJudge, who helped structure the insurance, highlighted that the decision preserves access to justice for capital‑constrained claimants while providing a court‑credible, cost‑effective alternative to traditional cash or bank‑guarantee security.

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