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TheJudge November 14th, 2011

Financing litigation can be crippling for a business. It can easily swallow a huge chunk of profits and it’s even worse if the case is lost, which is always a significant concern in respect of the company finances, particularly for … Continued

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Let the Funder Beware
TheJudge November 14th, 2011

The High Court has ordered a law firm to disclose details of its litigation funding arrangements with two clients so that the successful defendants can determine whether the solicitors financially supported the cases. If they did, the defendants may pursue … Continued

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Hugh Grant speaks out about dangers of reforming CFAs
TheJudge November 14th, 2011

With the aid of actor Hugh Grant, the ongoing Leveson enquiry into tabloid journalism has helped highlight the tragic consequences of the MOJ’s proposed reforms to eradicate the recoverability of CFA success fees and ATE insurance premiums. Speaking during the … Continued

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How to reduce Litigation Risk
TheJudge November 14th, 2011

As undesirable as it is, at some point within its life, a company will usually find itself at risk of some form of litigation, and that risk can have a huge impact on the company’s finances. The legal costs involved … Continued

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New SRA Code of Conduct
TheJudge October 30th, 2011

On 6th October 2011, the SRA’s new code of conduct came into force.  Section IB 1.16 of Chapter 1 Client Care ‘indicative behaviours’ states that lawyers must discuss the insurance and/or financing options available to all clients. This obligation existed … Continued

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TheJudge Comments on ATE Insurance within International Artbitration Cases
TheJudge September 14th, 2011

International arbitrations are particularly costly and usually lengthy proceedings, but the damages available to be claimed by such proceedings are often very substantial and compensate for any inconveniences and the drawn-out nature of this process. For this reason, third party … Continued

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Hybrid Fee Arrangements in a non-recoverable regime
TheJudge September 14th, 2011

Whilst TheJudge is often asked about the consequences of the potential changes to the recoverability of After the Event insurance (‘ATE insurance’) premiums, the Legal Aid, Sentencing and Punishment of Offenders Bill is also putting forward that Conditional Fee Agreement … Continued

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Commercial litigators walk negligence tightrope
TheJudge August 14th, 2011

The changes to civil litigation costs proposed in Lord Justice Jackson’s report, which are to be implemented in the current Legal Aid Bill, could expose litigators to potential negligence claims according to independent risk transfer broker TheJudge. This increased risk … Continued

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INSOLV3NCY – Interest Soars
TheJudge August 14th, 2011

It appears the launch of INSOLV3NCY, a specialist suite of ATE insurance solutions for insolvency litigation, has hit the spot with many insolvency practitioners and insolvency litigation solicitors. We previously mentioned the launch of INSOLV3NCY in news briefings a few … Continued

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