ATE/CFA


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”.


Guidance on proportionality at last as judges curtail ATE disputes

17 July 2019

The Court of Appeal has issued long-awaited guidance on how judges should apply the proportionality test, while also looking to curtail disputes over the reasonableness of block-rated ATE premiums.


FSCS to protect LAMP policyholders after liquidation is confirmed

6 June 2019

UK individuals and small business customers affected by the collapse of after-the-event insurance LAMP will be protected, the Financial Services Compensation Scheme has confirmed.


Well-known after-the-event insurer facing liquidation

21 May 2019

Well-known after-the-event insurer LAMP has applied to go into liquidation after failing to secure additional finance so it can meet its current obligations and insure new risks.


“No general duty” for barristers to advise on litigation funding

25 April 2019

Barristers are under no duty to advise clients on litigation funding unless specifically instructed to, and do not then assume “a continuing duty” to keep it under review, the High Court has held.

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