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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

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Unfair Disclosure – Does the Notice of Funding reveal too much?
Matthew Amey October 31st, 2011

Amongst other purposes, the N251 Notice of Funding allows an insured client to notify the opponent in litigation that they have taken out After the Event insurance (‘ATE’). In October 2009, the rules regarding the Notice of Funding changed. It … Continued

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Making the Step Up
Matthew Amey October 20th, 2011

The advantages and disadvantages of stepped premiums, in comparison to other methodologies, has been covered by previous editions of Litigation Funding but it is now impossible to refute that the stepped premium methodology is the dominant structure in the after-the-event … Continued

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Ban on Referral Fees will impact upon legal expenses insurance market
Matthew Amey September 9th, 2011

The Ministry of Justice (‘MOJ’) has today announced its decision to ban referral fees in personal injury litigation, as part of its campaign against the perceived “compensation culture”. Inevitably, this is likely to have significant effects on the legal expenses … Continued

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Jacksons Impact on the ATE Market – Frequently Asked Questions
Matthew Amey September 1st, 2011

As a broker representing the after-the-event (ATE) insurance market, I am inevitably facing questions about the future from both insurers and claimant litigation practices every day. At the moment, in light of the governments intended reforms, the same questions are … Continued

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PIG of a problem
Matthew Amey August 1st, 2011

At a recent litigation funding conference I listened with particular interest when I heard one of the speakers say that the ATE insurance market had squandered its opportunity to produce a competitive environment in order to ensure its long term … Continued

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UK Government issues its Justice Bill
Matthew Amey June 22nd, 2011

The Government today issued its Justice Bill. As anticipated the Bill reaffirms the Government’s intention to implement Lord Justice Jackson’s proposals to eradicate the recoverability of after the event insurance premiums and lawyer’s success fees in England & Wales. If … Continued

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Being blackballed
Matthew Amey February 21st, 2011

A leading after-the-event (ATE) insurer recent told us, without explanation, that they categorically did not want to receive any further applications from a well-known firm of solicitors. I found out later that the insurer was taking this position as a … Continued

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Theory of Evolution
Matthew Amey June 1st, 2009

In the 200th anniversary year of Darwin’s birth, the world of litigation funding is witnessing its own form of convergent evolution between After-the-Event insurance (ATE) and Third Party Funding (TPF). In the natural world, two entirely distinct species with differing … Continued

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