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.

TheJudge’ Robert Warner shares some insights into what the next generation of lawyers in the UK need to know about litigation funding and insurance.

As economic pressure, procedural reform and political scrutiny continue to shape the UK litigation landscape, 2026 is set to be a defining year for both litigation insurance and third-party funding. These are the trends we predict for 2026. . .

We’re proud to share that TheJudge has once again been ranked Band 1 by Chambers & Partners, marking our sixth consecutive year at the top of the rankings.

After-the-event (ATE) insurance policies fortified with anti-avoidance endorsements (AAEs) have increasingly been offered as security for costs in litigation.

In a landmark decision, the English High Court has, for the first time, ordered security for costs in a challenge to a proposed restructuring plan.

We are immensely proud to be recognised by our clients for our expert knowledge, strong industry relationships, and the responsiveness of our team. We are particularly honoured to have received a top rank from Chambers in the Litigation Support category for a fifth consecutive year.