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TheJudge Top Ranked for Litigation Support
TheJudge• July 3rd, 2023

For the fourth year running, TheJudge is delighted to be in Band 1 for Litigation Support as a broker. Our director Matthew Amey also maintains his individual Band 1 ranking as a notable practitioner. Thank you to all our referees … Continued

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Can an ATE policy be good security in a claim where there are allegations of dishonesty or fraud?
Thejudge• June 5th, 2023

Matthew Amey of TheJudge recently wrote an article for Practical Law on the High Court’s judgment in Saxon Woods Investment Ltd v Francesco Costa and others [2023] EWHC 850 (Ch). He considers the questions the court will examine when deciding … Continued

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Delay in the Courts and How Obtaining ATE Insurance prior to ADR/Mediation Can be Beneficial
Donna Nortcliffe• January 13th, 2023

It has recently been reported that there are considerable delays in the Court system, for example, with Multi Track claims taking up to four months longer to reach trial.  Whilst in some cases, parties have little choice but to commence … Continued

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Benefits of using a Broker
Donna Nortcliffe• August 1st, 2022

Solicitors have a duty to advise their clients with regards to potential insurance/funding options available to them under the SRA Standards and Regulations (“STaRs”).  This can be time consuming when in the midst of dealing with a litigation matter and … Continued

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TheJudge remains top ranked broker for litigation finance in Chambers & Partners 2022
Thejudge• July 5th, 2022

                  TheJudge is delighted to announce that for the third year running it has been ranked Band 1 in the Litigation Funding Brokers UK category. “Their understanding of the disputes process coupled … Continued

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Alternative billing without additional risk? Litigation Insurance can help.
Thejudge• June 26th, 2022

As recently reported in City A.M., an overwhelming majority of the UK’s most prominent law firms are now facing pressure from their existing and prospective clients to cut the costs of their services and make use of alternative billing arrangements. … Continued

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Chief Justice highlights the need to consider litigation funding reform for access to justice in Ireland
Thejudge• April 29th, 2022

The Chief Justice of Ireland has spoken out, identifying reform of third-party litigation funding, as a possible means through which access to justice can be improved in Ireland. Ireland is one of the last jurisdictions in the world where litigation … Continued

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RENEWAL OF DIAC RULES INCLUDE UPDATES ON THIRD PARTY FUNDING AND COSTS RECOVERY
Thejudge• April 29th, 2022

On the 2nd of March 2022, the Dubai International Arbitration Centre (“DIAC”) published the DIAC Arbitration Rules 2022 (“the 2022 Rules”). The Rules follow the re-launch of DIAC by Decree No. 34 of Year 2021, which abolished existing arbitration centres … Continued

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New Delaware Supreme Court decision opens door to recovering cost of litigation funding
Thejudge• April 29th, 2022

In the U.S., the general rule is that each party in a legal proceeding pays its own costs and fees. There are some exceptions under which federal courts, and occasionally federal agencies, may order the losing party to pay the … Continued

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In the press
Beyond adverse costs cover
Robert Warner• September 26th, 2022

This blog was first published by Thomas Reuter’s Practical Law Dispute Resolution Blog on 21 September 2022.  Clients increasingly ask for “alternative fee” options, and most lawyers are now well-versed in discussing litigation funding as a part of that. In … Continued

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Insolvency litigation in 2021 – Q&A
Thejudge• October 3rd, 2021

Many people had predicted a huge rise in insolvency litigation in 2021. What are you seeing, and what’s your prediction for the future? As one of the busiest litigation insurance brokerages in the UK, we often spot trends in litigation, … Continued

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If you reap what you sew, is seed funding always the best solution?
Matthew Amey• July 23rd, 2021

When it comes to pushing the envelope on the application of litigation funding, lawyers are sometimes known to try and persuade a funder to provide so-called “seed funding”. This is a relatively small commitment of funds to pay for disbursements or fees that … Continued

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Erso Capital, DBAs and the need for transparent discussions
Robert Warner• May 30th, 2021

As reported by The Lawyer and various other media outlets, February saw the launch of Erso Capital, a litigation finance company affiliate to TheJudge Group. While much of the media attention focused on Erso’s extensive access to capital (exceeding $1bn), … Continued

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Court of Appeal decision in Zuberi v Lexlaw ushers in new era for DBAs
Matthew Amey• February 24th, 2021

I have extolled the virtues of Damages-based agreements (DBAs) for clients and law firms in commercial litigation since they became permissible in England and Wales in 2013. They are a  simple and straightforward form of fee arrangement, that creates a … Continued

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TheJudge secures litigation insurance for consumer group Which? in landmark opt-out collective proceedings against Qualcomm worth over £480m.

TheJudge has successfully obtained litigation insurance for Which? in respect of theirwell-publicised opt-out collective proceedings against Qualcomm, on behalf of around 29 million UK consumers.

The obtaining of this litigation insurance, known as ATE insurance, is an important positive step towards obtaining a ‘collective proceedings order’, and Which? being certified as class representative by the Competition Appeal Tribunal.

Robert Warner, one of the Directors of TheJudge comments: “We are very pleased to have assisted Which? in the process of obtaining litigation insurance for these proposed collective proceedings and to have the opportunity to work with such a first-class legal team. This is the latest in a series of proposed collective proceedings in which TheJudge have been instructed and it is great to be able to utilise our experience as a tier 1 ranked Chambers and Partners litigation broker to add some value to the process”.

The proposed collective proceedings have been covered extensively in the media, including via the BBC, Sky News and City AM.

Hausfeld & Co. LLP (www.hausfeld.com) are instructed to act for Which? (www.which.co.uk) supported by a counsel team at Monckton Chambers (www.monckton.com).

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