Should Priority Agreements get more priority?
TheJudge• November 28th, 2021
Over time, due to the rapid growth in the availability of litigation finance, more and more cases involve a minimum of three stakeholders: a litigant, a funder and an after the event (ATE) insurer. A pre-condition of any litigation finance … Continued
COST PROTECTION
TheJudge• March 12th, 2021
With the advent of Adverse Costs (or After-The-Event, ATE) insurance in Ontario, it may appear to an outsider that a plaintiff is now in much the same situation as the defendant; an insurer is there to indemnify the individual should … Continued
Disbursement Funding Options
Katie Armstrong• February 7th, 2019
A client’s ability to fund disbursements is always a key consideration when preparing a legal budget. Historically, litigation funders would typically only consider cases of a certain size that met a significant cost to damages threshold. As a consequence, it … Continued
Preparing an application for funding
Katie Armstrong• November 15th, 2018
Due to the growing awareness of litigation funding options, an increasing amount of plaintiffs and lawyers now have access to capital to litigate valid claims and grow their firms. However, for many plaintiffs and lawyers, the funding process is new … Continued
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
TheJudge expands litigation insurance options in Canada
Katie Armstrong• August 30th, 2018
TheJudge Global’s arrival in Canada has transformed the local capacity for commercial litigation insurance, says Katie Armstrong, the firm’s director of international development. Founded in 2000, TheJudge Global is the largest litigation funding and insurance broker in the U.K., and recently entered … Continued
Why ATE Insurance?
Katie Armstrong• June 4th, 2018
Fighting or defending a lawsuit can be a costly endeavour, but costs can only steepen if the case is unsuccessful. Clients could well be looking for a financial safety net to attenuate the loss, which is where after the event … Continued
Attorney Fee Insurance – A cost effective solution for Corporate Counsel
TheJudge• July 13th, 2017
Litigation finance is key product for many entities that either do not have the necessary capital to finance their legal fees or do not wish to tie up their capital during the litigation. However, despite the advances made by the … Continued
TheJudge’s client defeats security for cost application in landmark ruling in ICSID case
TheJudge• July 11th, 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