Posts from The Judge Global

The government’s review of LASPO Part 2: not much to see here… for now

The review of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), published earlier this month, leaves little to write home about. However, it does offer some hope with regard to the future use of damages-based agreements (DBAs).

Adverse costs insurance: differing perspectives

Whilst attending a conference recently, I was surprised to hear a representative of a well-known funder state that there are significant capacity issues within the after the event (ATE) insurance market and that it was becoming increasingly difficult for claimants to obtain adverse costs insurance for higher levels of indemnity. The funder went on to … Continue reading Adverse costs insurance: differing perspectives

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 … Continue reading Litigation funding and insurance: avoiding rogue players

Funding and insurance for disputes: a year in review

2018 could well be labelled the year of the litigation funder, with key players announcing record profits and proclaiming the impact the market has had on how high value disputes are pursued. Below the trumpets of the funding market, however, you’ll also hear the drum roll of litigation insurance gathering volume.

Portfolio litigation funding arrangements: what’s all the fuss about?

A portfolio litigation funding arrangement enables multiple cases to be funded under a single facility through a streamlined process and on agreed terms. When reading the press or listening to funding focused panels during this year’s conference season, it might seem like portfolio litigation funding arrangements are the new norm. Whilst this may one day … Continue reading Portfolio litigation funding arrangements: what’s all the fuss about?

What claimants need to consider before entering into a litigation funding agreement

As the litigation funding market grows, claimants are faced with increased choice when sourcing funding and have more leverage when agreeing terms than ever before. Whilst “off the shelf” products exist, the majority of arrangements are tailored to the facts and the economics of each specific case, and there is often a good deal of … Continue reading What claimants need to consider before entering into a litigation funding agreement

Litigation funding and insurance for defendants: a lesser trodden path

Whilst most funding and insurance products have been designed with the claimant in mind, there are solutions that can be applied to defence situations. As with claimant cases, it is important to consider whether the aim is to relieve the cash flow burden of paying the legal fees in defending the claim, or whether the … Continue reading Litigation funding and insurance for defendants: a lesser trodden path

How law firms are using insurance to overcome their fear of damages based agreements

The introduction of damages-based agreements (DBAs) as part of the Jackson reforms did not have the immediate impact on law firm retainers that some may have expected. Whilst most lawyers would have been attracted by the potential for huge returns in successful cases, the early years saw few firms willing to step into what they … Continue reading How law firms are using insurance to overcome their fear of damages based agreements