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The Surge of ATE Insurance Applications Has Started!
TheJudge February 14th, 2013

One effect of Lord Justice Jackson’s recommendations will be to remove the recoverability of ATE insurance premiums for all policies issued after implementation of the Legal Aid, Sentencing and Punishment of Offenders (‘LASPO’) Act. Implementation is set for April 2013 … Continued

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Kain Knight Breakfast Seminar: The Consequences of Jackson Post April
TheJudge February 14th, 2013

Kain Knight recently hosted a seminar to discuss the Jackson reforms and the effect they will have once implemented, via the Legal Aid, Sentencing and Punishment of Offenders Act (‘LASPOA’), in April. Although this meant much of the seminar discussed … Continued

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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

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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

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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

Read this article
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

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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

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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

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How to: Price Litigation
TheJudge February 12th, 2013

Practitioners face a sea change in litigation from April, as radical changes to the way cases can be funded could see firms take on a greater share of the risk. The new costs budgeting regime also comes into force for … Continued

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