The Real Cost
Matthew Amey• November 18th, 2012
Losing recoverability means losing control. Over the past decade, not all barristers have embraced the idea of sharing risk with their clients through conditional fee arrangements (‘CFAs’). Indeed, some felt that it adversely affected their independence when providing advice to … Continued
The Countdown to LASPO Has Begun
TheJudge• November 14th, 2012
Don’t delay ATE insurance applications The end of premium recoverability for ATE insurance is fast approaching with the LASPO act due to come into force in April 2013. However, there is still time to secure an ATE policy for your … Continued
Do not Leave Arranging ATE Cover to a Litigation Funder
TheJudge• November 14th, 2012
At The Judge, we’ve seen a rise in the number of lawyers leaving the arrangement of ATE insurance to litigation funders. Litigators should be aware that this is rarely in the client’s best interest. A funder offering to pay for … Continued
Case Summary 2 Travel v Cardiff Bus
TheJudge• November 14th, 2012
2 TRAVEL GROUP PLC (IN LIQUIDATION) V CARDIFF CITY TRANSPORT SERVICES LIMITED 2 Travel brought a follow on claim from an OFT decision in 2008 in which Cardiff Bus had been found guilty of abusing a dominant position within the … Continued
LASPO Amendment for Clinical Negligence Cases
TheJudge• August 14th, 2012
The Ministry of Justice has recently confirmed an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) which will allow ATE insurance premiums for expert reports to be recovered from the defendant in clinical negligence cases. This … Continued
Clinical Negligence. The Current Issues
TheJudge• July 14th, 2012
As an increasing number of law firms begin to seriously consider and attempt to plan for a post Jackson, post LASPO future, the interest in innovative products such as disbursement funding has dramatically risen. This may be primarily down to … Continued
Jimmy Carr v The GAAR
TheJudge• July 14th, 2012
Tax avoidance schemes have received a lot of attention in recent press with celebrity comedian Jimmy Carr becoming the butt of all jokes for subscribing to the K2 tax avoidance scheme – “World record for the fastest climb down from … Continued
The Association of Litigation Funders of England & Wales
TheJudge• June 14th, 2012
As a result of Lord Justice Jackson’s comprehensive review of civil litigation costs in 2010, the voluntary code of conduct for Third Party Funding was launched in November 2011, alongside the Association of Litigation Funders of England and Wales (ALF). … Continued
Importance of Careful Budgeting in Defamation Cases
TheJudge• May 14th, 2012
The recent ruling in Henry v NGN has highlighted the importance of law firms applying careful budgeting and a system of ongoing monitoring of costs in defamation cases. The case related to the defamation of Mrs Henry by News Group … Continued