ATE/CFA


Leading litigation broker launches $1bn fund after being acquired

10 March 2021

Leading litigation finance broker TheJudge has been bought by insurance company Thomas Miller and launched a new funding business with access to more than $1bn in capital.


Solicitor fined for failing to disclose counsel’s opinions to ATE insurer

27 January 2021

An experienced solicitor who failed to disclose two counsel’s opinions on a case to an after-the-event insurer, one of them assessing chances of success at less than 50%, has been fined £8,000.


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.


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.


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.

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30 March 2021

Judicial review reform: A risk to the courts’ post-Brexit standing

In addition to questions about the motivations for curbing legal challenges to political decisions, the proposed reforms to judicial review raise concerns about undermining the reputation of the English courts

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