A Thomas Miller Company
New Opt-Out Collective Settlement Regime in the CAT?
TheJudge• February 14th, 2013
Recently, the Government’s BIS (department for Business, Innovation and Skills) announced proposed changes to the way in which competition litigation is dealt with in the UK. One of the proposed amendments, in addition to the changes in how private actions … Continued
ATE Insurance Policy is Deemed Adequate Security for Costs
TheJudge• February 14th, 2013
Until now, the general wisdom has been that an After the Event (‘ATE’) insurance policy alone is unlikely to provide adequate security for costs (Michael Phillips Architects Limited v Riklin and another [2010] EWHC 834 (TCC)). However, very recently there … Continued
New Opt-Out Collective Settlement Regime in the CAT?
TheJudge• February 14th, 2013
Recently, the Government’s BIS (department for Business, Innovation and Skills) announced proposed changes to the way in which competition litigation is dealt with in the UK. One of the proposed amendments, in addition to the changes in how private actions … Continued
All Change for Competition Litigation?
TheJudge• February 14th, 2013
Recently, the Government’s department for Business, Innovation and Skills (‘BIS’) published its plans to reforms the way in which private actions in competition litigation are dealt with in the UK, particularly in the Competition Appeals Tribunal (‘CA’). The reforms are … Continued
The Opaque Post-Jackson Regime
TheJudge• February 13th, 2013
At a recent seminar hosted by Kain Knight, Andrew Post QC of Hailsham Chambers drew an interesting comparison between the post-Jackson litigation costs regime and the poem ‘Waste Land’ by TS Eliot: ‘Waste Land’ begins with the line “April is … Continued
How Will LASPO Affect Intellectual Property Litigation?
TheJudge• February 12th, 2013
In England & Wales, litigation is on the brink of change with the implementation of the Legal Aid, Sentencing and Punishment of Offenders (‘LASPO’) Act, on 1st April 2013. But what does this mean for IP litigation? THE CHANGES COMING … Continued
Patents Court Cases – Maximise Your Upside Whilst Minimising Your Downside
TheJudge• February 11th, 2013
Many clients involved in an intellectual property dispute will opt for the Patents Couty Court as their chosen forum, in order to limit the risk of paying adverse costs in the event that the case loses. However, if the claim … Continued
ATE INSURANCE OPTIONS RECAP
TheJudge• January 24th, 2013
The following can potentially be insured through the use of ATE insurance: A client’s adverse costs exposure; Own disbursements; A proportion of the client’s own solicitor’s fees; and Deeds of indemnity are potentially available to manage any security for costs … Continued
The Draft Damages-Based Agreements Regulations 2013
TheJudge• January 14th, 2013
Last week, the Ministry of Justice released the final draft regulations on Damages-Based Agreements (DBA’s). The regulations state that, for all cases (other than personal injury and employment disputes), the allowable contingency fee will be capped at 50% of damages, … Continued
