A Thomas Miller Company
How law firms are using DBA insurance to overcome their fear of damages based agreements
Verity Jackson-Grant• July 6th, 2018
Whilst the prospect of earning a share in the client’s damages is an attractive proposition, many lawyers are yet to take the plunge. This is mainly due to a combination of the financial implication of a loss and the uncertainty … Continued
DBA insurance and CFA insurance for patent litigators in the UK – Are you up to speed?
Verity Jackson-Grant• May 22nd, 2018
DBA and CFA Insurance (collectively known as WIP insurance) are products designed to provide a law firm with a guaranteed fee realisation when offering an alternative fee arrangement. Whether a CFA or DBA, the insurer indemnifies the law firm for … Continued
How litigation insurance can reduce write offs whilst opening the door to significant success fees
Matthew Amey• May 22nd, 2018
The biggest complaint that lawyers make about the third party funding market is the difficulty they experience in securing an acceptable offer for their client, specifically how that translates into wasted fee earner time and, more often than not, client … Continued
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
How litigation finance options can help to realise assets in an insolvency situation
James Delaney• May 15th, 2018
In a litigation landscape post-recoverability of CFA success fees and ATE insurance premiums, Insolvency Practitioners (IPs) are increasingly turning to litigation acquisition, or “claims factoring”, as a way of realising one of the major assets left in an insolvency company … Continued
How to have your cake and eat it: utilising own fee insurance to reduce the client’s outlay whilst protecting your fee income
Verity Jackson-Grant• March 26th, 2018
Producing a budget that is realistic and won’t scare off a prospective client during a pitch can be a challenge. Lawyers might be tempted to be overly optimistic in preparing the cost estimate, but this can be a cause of … Continued
5th December 2017 – Decision – Alina Budana v The Leeds Teaching Hospital NHS Trust
Emily Thomas• January 5th, 2018
On 5th December 2017, the Court of Appeal handed down the decision in Alina Budana v The Leeds Teaching Hospital NHS Trust [2017] EWCA Civ 1980. Emily Thomas summarises the court ruling and analyses the impact of this important judgment … Continued
Recoverability of ATE Premiums in Defamation Cases
TheJudge• November 28th, 2017
As you will no doubt be aware the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) saw the demise of recoverable premiums in After the Event insurance, for the vast majority of case types. Defamation, however, did not … Continued
TheJudge’s client defeats security for cost application in landmark ruling in ICSID case
TheJudge• July 10th, 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
