Practical Law

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 are needed before it is possible to establish whether or not there … Continue reading If you reap what you sow, is seed funding always the best solution for getting a speculative claim off the ground? →

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 percentage upside for the law firm, and an alignment between firm and client that many … Continue reading Court of Appeal decision in Zuberi v Lexlaw ushers in new era for DBAs →

Many lawyers face a dilemma while applying for litigation funding and insurance: how should they treat an unexpected mediation mid-application? While mediation is an important opportunity for any client, it can raise complicated questions on whether to put the funding and insurance applications on hold and try to settle or secure a funding arrangement while … Continue reading How to approach litigation funding when the option of mediation arises →

This might seem like a very narrow and remote question to pose but it is very topical one. With a High Court ruling on the Financial Conduct Authority’s (FCA) business interruption insurance test case being decided in favour of the insured policyholders, who have hitherto been denied coverage for COVID-19 related interruptions, it is highly … Continue reading How should a lawyer approach ATE insurance where the basis of the claim could have an adverse impact on the insurance community? →

Since the Jackson reforms were implemented in 2013, law firms handling disputes worth less than £1 million outside of personal injury have had much greater difficulty finding ways to fund their clients’ cases. The simple reason is that the cost of litigating modest value cases does not fall proportionately with the value of the claim. … Continue reading Arranging funding for small cases →

Ever since the abolition of premium recoverability in April 2013, following the enactment of the Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO), there has been a very thin after-the-event (ATE) insurance market for one-off personal injury claims. However, it appears that the market might well be coming back to life. This blog … Continue reading One-offs ATE for personal injury: coming back to life? →

Litigation funders and after the event (ATE) insurers will be carefully reviewing a judgment delivered by Nugee J in the Rowe and others v Ingenious Media litigation because it will affect a number of group claims which, by their nature, rely on funders and ATE to proceed.

On 28 October 2019, the Competition Appeal Tribunal (CAT) handed down judgment in the Trucks Cartel claims (UK Trucks Claim Limited v Fiat Chrysler Automobiles N.V. and others and DAF Trucks N.V. and others and Road Haulage Association v MAN SE and others and Daimler AG) on a preliminary issue taken by several objectors who … Continue reading The CAT delivers helpful judgment on litigation funding and ATE insurance for class actions →

On 17 October 2019, at the invitation of the Ministry of Justice (MoJ), Professor Rachel Mulheron of Queen Mary University of London and Nicholas Bacon QC delivered their initial draft Damages-based Agreement Regulations 2019 for England and Wales, pursuant to their independent review of the DBA Regulations 2013. The DBA Reform Project is now seeking … Continue reading New DBA Regulations reform proposals announced to kick-start DBAs →