Posts from CMS Cameron McKenna Nabarro Olswang LLP

ATE insurance and security for costs applications: the pendulum swings back

The Court of Appeal has recently handed down a significant judgment in the case of Premier Motorauctions Ltd (in liquidation) and another v PricewaterhouseCoopers LLP, Lloyds Bank Plc.

Third party funding: surveying the field

Over recent years, third party funding has established itself as an enabler and driver of litigation. It is, of course, on the “menu” of funding options that solicitors are under a duty to advise their clients to consider. It is also a factor that is expected to contribute to the healthy litigation environment referred to … Continue reading Third party funding: surveying the field

Staying on the right side of Part 36: lessons learned

Part 36 of the Civil Procedure Rules (CPR) provides ample incentive for litigants to give a little ground. For claimants, making a “beatable” Part 36 offer can result in significant benefits. A claimant obtaining a judgment that is “at least as advantageous” as their Part 36-compliant settlement offer can ask the court to award:

End of the LASPO insolvency exemption: the winners and losers

The exemption from the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) for insolvency litigation will come to an end on 1 April 2016. Despite some strong lobbying by business groups, led by R3, CFA success fees and ATE insurance premiums will no longer be recoverable from the defendant if a successful claim … Continue reading End of the LASPO insolvency exemption: the winners and losers