A Thomas Miller Company
New Opt-Out Collective Actions 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 is to introduce an “opt-out” collective actions regime in … Continued
Hybrid DBA’s Not Permitted?
TheJudge• February 14th, 2013
The Ministry of Justice has now released the final Draft Regulations on Damages-Based Agreements (‘DBAs’). The explanatory note accompanying the regulations states that a DBA is a “no win, no fee” agreement whereby the representative (see the defined term in … Continued
How Will LASPO Affect Intellectual Property Litigation?
TheJudge• February 12th, 2013
In England & Wales, litigation is on the brink of change with the implementation of the Legal Aid, Sentencing and Punishment of Offenders (‘LASPO’) Act, on 1st April 2013. But what does this mean for IP litigation? THE CHANGES COMING … Continued
Patents Court Cases – Maximise Your Upside Whilst Minimising Your Downside
TheJudge• February 11th, 2013
Many clients involved in an intellectual property dispute will opt for the Patents Couty Court as their chosen forum, in order to limit the risk of paying adverse costs in the event that the case loses. However, if the claim … Continued
The Draft Damages-Based Agreements Regulations 2013
TheJudge• January 14th, 2013
Last week, the Ministry of Justice released the final draft regulations on Damages-Based Agreements (DBA’s). The regulations state that, for all cases (other than personal injury and employment disputes), the allowable contingency fee will be capped at 50% of damages, … Continued
Highlights of 2012 and Pointers for 2013
TheJudge• December 30th, 2012
While it all seems like a distant memory now, 2012 was an important year for all things litigation funding. Here are a few of TheJudge’s key highlights from the last 12 months: THEJUDGE PREDICTS NEW ENTRANTS TO THIRD PARTY FUNDING … Continued
The Real Cost
TheJudge• 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
