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.
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.
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.
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
After-the-event insurers should consider lowering the merits test if they want to attract more commercial work, senior litigators have suggested.
Global firm Eversheds Sutherland has launched ‘Total Dispute Finance’ in a push that it says has already attracted high-value work from competitors.
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.
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.
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.
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”.