ALF membership “not enough” to guarantee funder will pay

11 February 2020

Membership of the Association of Litigation Funders is not enough reassurance that a funder will pay up in the face of a large liability for costs, the High Court has ruled.

High Court: CFA was a contentious business agreement

26 November 2019

A conditional fee agreement (CFA) can be a contentious business agreement under the Solicitors Act 1974, the High Court has ruled – but that did not mean every CFA was one.

Partners made “secret profit” from flight delay ATE insurance

20 November 2019

Two law firm partners who made a “secret profit” by opting thousands of flight delay clients into an after-the-event insurance policy have been fined a total of £55,000 by the Solicitors Disciplinary Tribunal.

Law firm entitled to fees from CFA after claimant’s death

29 October 2019

A law firm which guaranteed clients there would be “no hidden, nasty surprises” could claim over £30,000 in fees from the estate of a deceased asbestosis claimant, the High Court has ruled

Commercial ATE insurers “should rethink merits test”

26 September 2019

After-the-event insurers should consider lowering the merits test if they want to attract more commercial work, senior litigators have suggested.

Eversheds scores big-ticket work with funding offer

19 September 2019

Global firm Eversheds Sutherland has launched ‘Total Dispute Finance’ in a push that it says has already attracted high-value work from competitors.

Court looks to commercial sense behind “ambiguous” CFA

4 September 2019

An “ambiguous” CFA needed to be interpreted by reference to the “commercial common sense of the relationship” between a law firm and ATE insurer, the High Court has ruled.

Turnover continues to rise at ARAG despite ATE blockage

26 July 2019

Leading legal expenses insurer ARAG has reported double-digit growth in its BTE business and a ninth year in profit, despite what it said were the “challenging market conditions” for ATE.

Solicitors right to throw off “shackles” of legal aid for CFA

24 July 2019

The High Court has described as “reasonable” a decision by claimant lawyers that they needed the “freedom” of a CFA and shake off “the shackles” of legal aid to properly conduct a claim.

CA ruling on ATE and proportionality “a victory for access to justice”

18 July 2019

Yesterday’s Court of Appeal decision was “a triumph for access to justice”, according to the insurer whose policy was under scrutiny. But the guidance on the proportionality test has been called “astonishing”.

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