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Adverse costs insurance: Differing perspectives
Verity Jackson-Grant February 25th, 2019

Whilst attending a conference recently I was surprised to hear a representative of a well-known funder state that there are significant capacity issues within the ATE market and that it was becoming increasingly difficult for claimants to obtain adverse costs … Continued

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Review of LASPO Part 2: Not much to see here…
Verity Jackson-Grant February 25th, 2019

The review of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO), published earlier this month, leaves little to write home about but it does offer some hope with regard to the future use of damages-based … Continued

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ATE Premiums Remain Recoverable for Defamation and Privacy Cases
TheJudge December 3rd, 2018

The Government has announced that it will now commence s44 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (‘LASPO’) in relation to defamation and privacy cases meaning that, as of 6 April 2019, conditional fee agreement success fees … Continued

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TheJudge’s October Update
TheJudge November 12th, 2018

Adverse costs cover – back in fashion The Jackson reforms had the potential to significantly disrupt the adverse costs insurance market and many questioned whether it could withstand the challenges the resulting Legal Aid, Sentencing and Punishment of Offenders Act … Continued

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High Court provides useful guidance on ATE as security for costs
Emily Thomas November 2nd, 2018

In the latest decision regarding security for costs, the High Court have provided some helpful guidance in respect of policy terms which may cause an ATE policy to be inadequate to satisfy a defendant’s request for security for costs. At … Continued

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Adverse costs cover – back in fashion
Robert Warner October 31st, 2018

Against many odds, adverse costs cover is back in fashion and it’s proving to be a valuable tool in helping law firms attract new clients. Following the Jackson reforms, there were question marks over whether this type of insurance could … Continued

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Double blow for Claimant following cost award in BIT claim against Republic of Kenya
TheJudge October 29th, 2018

Cortec Mining Kenya Limited, Cortec (Pty) Limited and Stirling Capital Limited have lost their claims against the Republic of Kenya (ICSID Case No. ARB/15/29) in a decision released on the 22nd October 2018. We’ve looked at the decision from the … Continued

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Arbitration Finance – October Update
TheJudge October 19th, 2018

Funded Claimants in BIT claim against Venezuela ordered to pay Security for Costs – a sign of things to come in BITs going forward? In this article, Matthew Amey discusses recent cases focusing on the increasingly important issue of the … Continued

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Managing the Cost of Your Dispute
Verity Jackson-Grant October 5th, 2018

Verity Jackson-Grant discusses how to identify the most commercial route to recovery Litigation funding is often hailed as the most effective risk transfer tool to finance a claim. However, for many businesses that simply isn’t the case. This may seem … Continued

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In the press
Adverse costs insurance: Differing perspectives
Verity Jackson-Grant February 25th, 2019

Whilst attending a conference recently I was surprised to hear a representative of a well-known funder state that there are significant capacity issues within the ATE market and that it was becoming increasingly difficult for claimants to obtain adverse costs … Continued

Read this article
Review of LASPO Part 2: Not much to see here…
Verity Jackson-Grant February 25th, 2019

The review of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO), published earlier this month, leaves little to write home about but it does offer some hope with regard to the future use of damages-based … Continued

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Litigation funding and insurance: avoiding rogue players
Verity Jackson-Grant February 7th, 2019

In any financial services sector, you will find a spectrum of companies with different credentials. At one end of the spectrum there will be legitimate entities, highly experienced companies serving the needs of their client base and moving the industry … Continued

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Portfolio litigation funding arrangements: what’s all the fuss about?
Verity Jackson-Grant November 27th, 2018

A portfolio litigation funding arrangement enables multiple cases to be funded under a single facility through a streamlined process and on agreed terms. When reading the press or listening to funding focused panels during this year’s conference season, it might … Continued

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What claimants need to consider before entering into a litigation funding agreement
Verity Jackson-Grant October 24th, 2018

As the litigation funding market grows, claimants are faced with increased choice when sourcing funding and have more leverage when agreeing terms than ever before. Whilst “off the shelf” products exist, the majority of arrangements are tailored to the facts … Continued

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