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Six Years at the Top: TheJudge Ranked Band 1 Again by Chambers & Partners
Thejudge• June 24th, 2025

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. This recognition reflects the continued trust placed in us by the UK’s … Continued

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A step back from Saxon Woods? New decision deems ATE policy insufficient security for costs in case involving alleged fraud
Emily Thomas• June 4th, 2025

After-the-event (ATE) insurance policies fortified with anti-avoidance endorsements (AAEs) have increasingly been offered as security for costs in litigation. However, where there are allegations of fraud, courts have taken a more cautious approach. The recent decision in Lloyds Developments Ltd … Continued

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Court Awards First Security for Costs Order in Restructuring Plan Challenge. Will this open the floodgates for dissenting creditors?
Emily Thomas• July 22nd, 2024

What happened? 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. This precedent sets a critical consideration for potential backers in contested restructuring proceedings, … Continued

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TheJudge Contributes to The European Class Actions Forum 2024
Thejudge• June 26th, 2024

  TheJudge recently contributed to The Europeans Class Action Forum 2024, 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 … Continued

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TheJudge Earn a Top Chambers & Partners Rank for 5th Consecutive Year
Thejudge• June 26th, 2024

  Congratulations to our team on another Chambers top rank.     Congratulations to our team at TheJudge for once again receiving a top ranking from Chambers and Partners. We are immensely proud to be recognised by our clients for … Continued

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Amalgamation & Perspiration: The practical challenges of joining large-scale claims from an insurance perspective
Robert Warner• May 23rd, 2024

  This article was originally published in TL4 Competition Magazine Issue 5: Riding The Rapids – Q2’s Competition Law and Litigation Update. In October 2023, the UK’s Competition Appeals Tribunal (“CAT”) consolidated two separate, competing actions against Google. The two … Continued

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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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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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DBAs and DBA Insurance following the COA decision in Zuberi v Lexlaw Limited

Adjudication enforcement for companies in liquidation – recent developments in case law

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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