ATE/CFA


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.


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.

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