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Disbursement Funding Options Grow
Patrick Walsh November 16th, 2017

The ability for a client to fund disbursements has always been a key consideration when preparing a legal budget. The implementation of the Jackson reforms and the increase in the cost of court fees has meant the cost of disbursements … Continued

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Association of Litigation Funders turn down application.
TheJudge October 18th, 2017

The Association of Litigation Funders (ALF) have demonstrated a willingness to increase the threshold of capital that sits within the control of their funder members so that the code is seen to improve and adapt to the growing marketplace. The … Continued

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TheJudge’s client defeats security for cost application in landmark ruling in ICSID case
TheJudge July 10th, 2017

In Eskosol SpA v Italian Republic, ICSID Case No ARB/15/50, which is one of the many solar photovoltaic ECT cases being brought against Italy following changes to the tariff system, Italy sought to obtain two provisional measures: i) security for … Continued

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Hong Kong Allows Third Party Funding
Patrick Walsh July 10th, 2017

On the 14th of June 2017 Hong Kong’s Legislative Council passed a law which permits third party funding for arbitrations based in Hong Kong. It does extend to cover arbitrations in other territories where the work associated with the arbitration … Continued

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James Blick to speak at CDR Summer Litigation Symposium 2017 on 29th Jun
TheJudge June 23rd, 2017

James Blick, Director of TheJudge and head of the company’s US operations is to speak at the forthcoming CDR Summer Litigation Symposium on 29th Jun 2017 on “Managing the Costs of Litigation”. Click here for details of the event and … Continued

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Damages Based Agreements Become Law In Scotland
Patrick Walsh June 19th, 2017

Damage based agreements (DBAs) are not new in the United Kingdom, however, they were previously unavailable in Scotland. The introduction of the Civil Litigation (Expenses and Group Proceedings) Bill on the 1st of June 2017 will alter this and permit … Continued

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More Capital = More Deployment Pressure & Off Piste Investing
TheJudge March 16th, 2017

Recent reports in the press have highlighted the significant amount of growth in litigation funding capital there has been in the last two years. A study by RPC identified an increase of 55% in the amount capital available to deploy … Continued

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Litigation Funding; No Rush to Regulate
TheJudge March 15th, 2017

In response to a series of questions regarding the regulation of the litigation funding industry, the Government conclude a present lack of need for further assessment. Despite its proliferation over the past decade, the market for litigation funding remains largely … Continued

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Do funders really understand their exposure to Arkin risk after the COA decision in Excalibur?
TheJudge December 20th, 2016

On 18th November the Court of Appeal handed down their much anticipated judgment in Excalibur. The case itself has become the example for participants within the industry to demonstrate how not to approach litigation funding as well as the glaring … Continued

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In the press
Sharing the DBA Fee Risk
James Delaney May 25th, 2017

DBA insurance could expand the use of damages-based agreements in commercial litigation, with law firms able to boost their profit while limiting their exposure By James Delaney – as published in The Lawyer on 25 May 2017 Sharing the DBA … Continued

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How to maintain budget certainty and manage risk when engaging external counsel
James Delaney May 8th, 2017

In a guest column for GC magazine, James Delaney, director at specialist litigation finance and insurance broker The Judge, discusses strategies for optimising risk and reward when faced with pending litigation. It is a familiar tension when engaging external counsel … Continued

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Litigation risk to boom in 2017
Matthew Amey April 25th, 2017

Financial advisors must make sure their legal counsel is up to speed with the options available. According to forecasts, 2017 is set to be a record-breaking year for commercial disputes, and FDs and financial advisors need to consider carefully their … Continued

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No cash in the attic: what now for insolvency litigation funding?
Robert Warner February 16th, 2017

There is no doubt that administrators and liquidators face unique challenges when approaching the issue of funding insolvency claims. Up to April 2016, the most common way of funding insolvency proceedings was by combining both conditional fees agreements (CFAs) and … Continued

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My career story: “I went from Clifford Chance to litigation funding”
TheJudge February 6th, 2017

Erika Levin worked in private practice for a variety of firms, including Clifford Chance in New York. She is now senior vice president and general counsel at litigation funder and insurance broker TheJudge.   My career story: “I went from Clifford … Continued

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