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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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TheJudge Contributes to The European Class Actions Forum 2025

TheJudge recently contributed to The Europeans Class Action Forum 2025, hosted by ThoughtLeaders4 Disputes. The two-day conference in Amsterdam focused on the evolving class action regime in Europe. With speakers from across Europe and the globe, the event underscored that collective redress in Europe is becoming an attractive area for litigation finance.

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