A Thomas Miller Company
Adverse Costs Insurance – Differing Perspectives
A representative of a well-known funder recently stated that there are significant capacity issues within the ATE market and that it is becoming more and more difficult for claimants to obtain adverse costs insurance for higher levels of indemnity. Needless to say, we think the suggestion that a claimant might struggle to obtain adverse costs cover without the assistance of a litigation funder is verging on the absurd. Whilst it is unlikely that the legal community would think such a comment was anything short of an attempt to increase law firm reliance on litigation funders, it raises an important point worthy of discussion.
Review of LASPO Part 2: Not much to see here…
The review of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO), published earlier this month, leaves little to write home about but it does offer some hope with regard to the future use of damages-based agreements (DBAs).
Disbursement Funding Options Grow
The ability for a client to fund disbursements is always a key consideration when preparing a legal budget. Historically, many litigation funders would only consider cases of a certain size that met a significant cost to damages threshold. As a consequence, it was difficult to obtain disbursement funding at a proportionate cost. The funding market has, however, developed significantly. In this article, Katie Armstrong writes about how TheJudge has worked to bring new funders and new solutions to the market to provide cost effective funding for disbursements where the economics may not have attracted interest from the more traditional litigation funders.
Litigation Funding and Insurance – Avoiding Rogue Players
In any financial services sector, you will find a spectrum of companies with different credentials. At one end of the spectrum there will be legitimate entities, highly experienced companies serving the needs of their client base and moving the industry forward. However, at the other end there will be those less credible outfits that can damage client confidence and cast a shadow over the industry. Unfortunately, the litigation funding and after-the-event (ATE) insurance market is no exception. Identifying rogue players can be difficult but click here to read Verity Jackson-Grant‘s latest PLC Dispute Resolution blog providing tips on what to look out for.
