ATE/CFA


Contingent and third-party funding on the up at Rosenblatt

17 September 2020

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.


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

1 September 2020

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.


Costs judge strikes down CFAs worth millions

27 August 2020

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%.


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

19 August 2020

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.


Court rejects JR over LASPO post-implementation review

3 August 2020

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.


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

24 April 2020

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.


Insolvency claims on the rise but costs remain high

15 April 2020

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.


CA upholds firm’s costs entitlement after terminating CFA

28 February 2020

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.


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.

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