Funding


Court of Appeal: Solicitors can be paid on DBA termination

15 January 2021

The Court of Appeal has today saved damages-based agreements (DBAs) by ruling that they are not unenforceable if they provide that the client has to pay incurred costs and expenses on termination. The decision – the first at this level… Read More


LEI does not have to fund appeals during “unmeritorious claims”

5 January 2021

Legal expenses insurance does not have to fund interlocutory appeals that are likely to succeed as part of claims that overall are predicted to fail, the High Court has ruled.


Man order to cover half of costs paid by co-claimant’s ATE insurer

4 January 2021

A man who was jointly liable for costs that were covered by his co-claimant’s after-the-event (ATE) insurance has been ordered to reimburse half of the payment to the insurer.


Insolvent legal expenses insurer disclaims ATE policies

21 December 2020

The joint administrators of former legal expenses insurer Elite Insurance – which worked with over 200 law firms – have disclaimed all but two of its active after-the-event insurance policies.


Class actions set for certification hearings in wake of Mastercard ruling

14 December 2020

Claimant representatives have hailed the Supreme Court’s ruling in the Merricks collective action case as a “pro-claimant and pro-litigation funding decision” which reinvigorates the regime.


Insolvency funder makes rapid progress during lockdown

11 November 2020

Insolvency litigation funder Manolete Partners has had a strong lockdown, with revenue, profit and new case investments all rising sharply, its half-year results have shown.


Lawyers and funders join forces to standardise documentation

4 November 2020

A host of well-known litigation funders have signed up to an industry wide initiative to develop model funding documentation, launched by the London office of US law firm Brown Rudnick.


Solicitor fails in bid to recover costs after terminating CFA

29 October 2020

The High Court has upheld a decision that a solicitor was not entitled to recover costs of £12,600 he said were owing after he terminated a conditional fee agreement.


Law firm fined for holding funder’s money in client account

27 October 2020

A law firm which held money on behalf of its then litigation funding subsidiary has been fined for allowing its client account to be used as a banking facility.


Three-quarters of lawyers say firms have used litigation funding

22 October 2020

Three-quarters of lawyers at big law firms and major corporations say their businesses have used litigation funding, more than twice the number from three years ago, a report has found.

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Blog

17 December 2020

What do arbitrators know?

How does the Supreme Court’s analysis of ‘inside information’ in Halliburton align with other opportunities for unconscious bias, such as determinations on the admissibility of illegally obtained evidence?

Read More