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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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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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Funding Insolvency Disputes: There are more options than you think
Robert Warner August 9th, 2019

The use of litigation funding is commonplace in insolvency disputes. Most IPs and insolvency solicitors have first-hand experience of putting funding in place and have “go to” contacts that they use when the need arises. But familiarity can lead to … 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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Litigation Fees & Expenses Insurance – A Solution for Commercial Litigators in Ireland
Robert Warner May 18th, 2018

Until such time that there is a legislative change in Ireland to amend the application of the torts and offences of maintenance and champerty to legitimate third party funding arrangements, there appear to be no method in Ireland by which … 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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Insurance Act 2015 – Implications for lawyers engaging with ATE Insurance on behalf of their clients
Robert Warner February 8th, 2016

Insurance Act 2015 – Implications for lawyers engaging with ATE Insurance on behalf of their clients The Insurance Act 2015 (“the Act”) comes into force on 12th August 2016 and fundamentally alters the duty of a proposed insured in presenting … Continued

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