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How to have your cake and eat it: utilising own fee insurance to reduce the client’s outlay whilst protecting your fee income
Verity Jackson-Grant March 26th, 2018

Producing a budget that is realistic and won’t scare off a prospective client during a pitch can be a challenge. Lawyers might be tempted to be overly optimistic in preparing the cost estimate, but this can be a cause of … Continued

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The ‘Arkin cap’ and the sum a funder can be ordered to give by way of security for costs
Emily Thomas January 9th, 2018

The so called “Arkin cap” is a term derived from the decision of the Court of Appeal in Arkin v Borchard Lines [2005] 1 WLR 3055 which limits the liability of a third-party funder for adverse costs to an amount … Continued

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5th December 2017 – Decision – Alina Budana v The Leeds Teaching Hospital NHS Trust
Patrick Walsh January 5th, 2018

On 5th December 2017, the Court of Appeal handed down the decision in Alina Budana v The Leeds Teaching Hospital NHS Trust [2017] EWCA Civ 1980. Emily Thomas summarises the court ruling and analyses the impact of this important judgment … Continued

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TheJudge Opens New Office in the Heart of Manchester
Emily Thomas December 19th, 2017

We are pleased to announce that we have opened a new office in the heart of Manchester. The office, which is on Brown Street, opened in November and is headed up by Emily Thomas. Emily is a qualified solicitor and … Continued

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Recoverability of ATE Premiums in Defamation Cases
Patrick Walsh November 28th, 2017

As you will no doubt be aware the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) saw the demise of recoverable premiums in After the Event insurance, for the vast majority of case types. Defamation, however, did not … Continued

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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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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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