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Frequently Asked Questions: Understanding Judgment Preservation Insurance
Thejudge May 9th, 2024

  What is judgment preservation insurance?  Judgment preservation insurance serves as a safety net for plaintiffs who have secured favorable rulings in trial courts. This specialized insurance shields against the risk of reversal or reduction in damages or legal fees.  … Continued

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Potential significant loss for Judgment Preservation Insurers in $1.6bn IBM dispute. What is the impact for the market and what’s next?
Robert Warner May 9th, 2024

As recently reported by Bloomberg Law, the Judgment Preservation Insurance (“JPI”) market is facing a large loss arising from a $1.6m billion judgment being reversed, leaving insurers on the hook for a reported $500m – $750m loss, with Liberty Mutual … Continued

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Managing cost and risk in cross-border disputes
Thejudge May 9th, 2024

In today’s corporate landscape, managing the financial aspects of large cross-border disputes is becoming increasingly complex. Picture this scenario: a multinational corporation seeks your firm’s legal expertise for a substantial case with strong merits. It’s an exciting prospect until the … Continued

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TheJudge Welcomes Muzammil Shaikh to the team
Thejudge April 24th, 2024

    TheJudge is delighted to welcome Muzammil Shaikh to the team at TheJudge. Muzammil is an experienced CFO with a deep understanding of how litigation insurance and finance benefit corporations and law firms at a fundamental financial level and … Continued

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Court of Appeal decision provides clarification to actions brought by multiple claimants
Emily Thomas April 22nd, 2024

Many cases are only economic to fund when claimants with similar claims pool their claims together and agree that the costs of funding and ATE insurance are shared between the claimant group. There have been countless examples of such reciprocity … Continued

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Shell seeks millions from firm they say acted as ‘funder’ and ‘party’ to failed matter without ATE
Thejudge April 2nd, 2024

A recent order from the High Court has put listed law firm, Rosenblatt at the centre of a multimillion-pound dispute over costs in Jalla v. Shell. The High Court has now allowed for cost order proceedings to be issued against … Continued

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Video Series: funding offshore litigation post-PACCAR
Thejudge March 5th, 2024

In this two-part video series, Matthew Amey, Sarah Breckenridge and Simon Jerrum discuss issues arising in the funding of litigation in offshore jurisdictions, in light of the recent decision of the Supreme Court in PACCAR. The discussion includes considering when … Continued

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UK Competition Appeal Tribunal Consolidates Two Competing Actions – An Industry First
Thejudge November 1st, 2023

The UK Competition Appeal Tribunal (CAT) has recently realised another first in approving the consolidation of two competing separate actions in the ad-tech sector against Google, therefore avoiding a ‘carriage dispute’ about which of the claims would be most suitable … Continued

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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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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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Podcasts

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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