Should the insolvency exemption on recoverability of success fees and insurance premiums come to an end?
In his recent Mustill Lecture, Jackson LJ delivered a speech arguing forcefully against any further continuation of the “insolvency carve-out” under which insolvency practitioners (IPs), and the insolvent companies in which they hold office, may continue to recover CFA uplifts and ATE insurance premiums from unsuccessful defendants.
