Court Awards First Security for Costs Order in Restructuring Plan Challenge. Will this open the floodgates for dissenting creditors?
Emily Thomas• July 22nd, 2024
What happened? In a landmark decision, the English High Court has, for the first time, ordered security for costs in a challenge to a proposed restructuring plan. This precedent sets a critical consideration for potential backers in contested restructuring proceedings, … Continued
TheJudge Contributes to The European Class Actions Forum 2024
Thejudge• June 26th, 2024
TheJudge recently contributed to The Europeans Class Action Forum 2024, hosted by ThoughtLeaders4 Disputes. The two-day conference in Amsterdam focused on the evolving class action regime in Europe. With speakers from across Europe and the globe, the event underscored … Continued
TheJudge Earn a Top Chambers & Partners Rank for 5th Consecutive Year
Thejudge• June 26th, 2024
Congratulations to our team on another Chambers top rank. Congratulations to our team at TheJudge for once again receiving a top ranking from Chambers and Partners. We are immensely proud to be recognised by our clients for … Continued
Amalgamation & Perspiration: The practical challenges of joining large-scale claims from an insurance perspective
Robert Warner• May 23rd, 2024
This article was originally published in TL4 Competition Magazine Issue 5: Riding The Rapids – Q2’s Competition Law and Litigation Update. In October 2023, the UK’s Competition Appeals Tribunal (“CAT”) consolidated two separate, competing actions against Google. The two … Continued
Frequently Asked Questions: Understanding Judgment Preservation Insurance
Thejudge• May 9th, 2024
What is judgment preservation insurance? Judgment preservation insurance serves as a safety net for plaintiffs who have secured favorable rulings in trial courts. This specialized insurance shields against the risk of reversal or reduction in damages or legal fees. … Continued
Potential significant loss for Judgment Preservation Insurers in $1.6bn IBM dispute. What is the impact for the market and what’s next?
Robert Warner• May 9th, 2024
As recently reported by Bloomberg Law, the Judgment Preservation Insurance (“JPI”) market is facing a large loss arising from a $1.6m billion judgment being reversed, leaving insurers on the hook for a reported $500m – $750m loss, with Liberty Mutual … Continued
Managing cost and risk in cross-border disputes
Thejudge• May 9th, 2024
In today’s corporate landscape, managing the financial aspects of large cross-border disputes is becoming increasingly complex. Picture this scenario: a multinational corporation seeks your firm’s legal expertise for a substantial case with strong merits. It’s an exciting prospect until the … Continued
TheJudge Welcomes Muzammil Shaikh to the team
Thejudge• April 24th, 2024
TheJudge is delighted to welcome Muzammil Shaikh to the team at TheJudge. Muzammil is an experienced CFO with a deep understanding of how litigation insurance and finance benefit corporations and law firms at a fundamental financial level and … Continued
Court of Appeal decision provides clarification to actions brought by multiple claimants
Emily Thomas• April 22nd, 2024
Many cases are only economic to fund when claimants with similar claims pool their claims together and agree that the costs of funding and ATE insurance are shared between the claimant group. There have been countless examples of such reciprocity … Continued
Beyond adverse costs cover
Robert Warner• September 26th, 2022
This blog was first published by Thomas Reuter’s Practical Law Dispute Resolution Blog on 21 September 2022. Clients increasingly ask for “alternative fee” options, and most lawyers are now well-versed in discussing litigation funding as a part of that. In … Continued
Insolvency litigation in 2021 – Q&A
Thejudge• October 3rd, 2021
Many people had predicted a huge rise in insolvency litigation in 2021. What are you seeing, and what’s your prediction for the future? As one of the busiest litigation insurance brokerages in the UK, we often spot trends in litigation, … Continued
If you reap what you sew, is seed funding always the best solution?
Matthew Amey• July 23rd, 2021
When it comes to pushing the envelope on the application of litigation funding, lawyers are sometimes known to try and persuade a funder to provide so-called “seed funding”. This is a relatively small commitment of funds to pay for disbursements or fees that … Continued
Erso Capital, DBAs and the need for transparent discussions
Robert Warner• May 30th, 2021
As reported by The Lawyer and various other media outlets, February saw the launch of Erso Capital, a litigation finance company affiliate to TheJudge Group. While much of the media attention focused on Erso’s extensive access to capital (exceeding $1bn), … Continued
Court of Appeal decision in Zuberi v Lexlaw ushers in new era for DBAs
Matthew Amey• February 24th, 2021
I have extolled the virtues of Damages-based agreements (DBAs) for clients and law firms in commercial litigation since they became permissible in England and Wales in 2013. They are a simple and straightforward form of fee arrangement, that creates a … Continued