ATE/CFA


Contingent and third-party funding on the up at Rosenblatt

City firm Rosenblatt is ramping up its use of contingent funding agreements, while its litigation finance arm has now invested in nine cases, the listed business’s half-year results have shown.

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Defendant’s “potential exposure” not relevant to security for costs

A defendant’s potential exposure to paying the premium for after-the-event insurance necessary to meet its demand for security for costs was “not relevant” to the question of security.

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Costs judge strikes down CFAs worth millions

A costs judge has struck down three conditional fee agreements in a big-money commercial case for having the potential to lead to a claim for a success fee exceeding 100%.

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Judge refuses payment out of court for all of defendants’ legal fees

The High Court has rejected an application for a payment out of court to fund all of the defendants’ legal fees under a conditional fee agreement in a “gargantuan” tax fraud case.

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Court rejects JR over LASPO post-implementation review

The High Court has rejected a judicial review that argued the Ministry of Justice failed to carry out an adequate review of the impact of the LASPO reforms on those with asbestos-related diseases.

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Solicitors fail to recover £1.1m after losing CFA switching case

Claimant solicitors acted unreasonably in switching a client from legal aid to a pre-LASPO CFA-lite, the Court of Appeal has ruled, meaning they cannot recover £1.1m in additional liabilities.

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Insolvency claims on the rise but costs remain high

The impact of the Jackson reforms on the funding of insolvency litigation – though significant – has not been as serious as some had predicted but costs remain high, new research has found.

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CA upholds firm’s costs entitlement after terminating CFA

A law firm which stopped acting for a client after she refused to heed its advice to accept an offer to settle her case is entitled to recover the costs due from her under a CFA, the Court of Appeal has ruled.

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Blog

21 September 2020

Why arbitration hasn’t worked for personal injury

I can’t say I’m surprised that PIcARBS looks to have run its course. While the lack of interest has been put down to lawyers not wanting to trial the service, market forces are decisive and the market is right.

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