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From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

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Subscribe to this list via RSS Blog posts tagged in ATE litigation funding

Following the nations formal exit from the EU, a recent move by the Council of European Bars and Law Societies (CCBE) has been widely welcomed by UK-based law firms, barristers and lawyers.

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Whilst Covid-19 may have forced many parts of society to slow down and re-think our approach to all aspects of our lives, recent comments by a number of High Court judges would seem to indicate that this is certainly not happening in civil and commercial litigation. The 3 judges have expressed their disquiet over the ever increasing pervasiveness of hostile and antagonistic approaches to litigation where every point, good or bad, is taken.

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The Supreme Court in London is about make its judgement in highly contentious case centred on the rejected business interruption claims that many large insurers have turned down due to the Covid-19 pandemic. With large numbers of mainly small businesses reporting problems when claiming on their business insurance policies, the final judgement in the case will have huge implications for over 350,000 businesses involving claims totalling just under £1.3bn.

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New research by GLG that was commissioned by litigation funding specialists Burford Capital shines light onto the increasingly common use of third party litigation funding to resolve business disputes of all types.
GLG approached a cross section of private law firms, in-house legal departments and other related professionals in the USA, UK and Australia, the territories in which use of litigation funding is most prevalent. The law firms surveyed had between 10 and 500 lawyers, whilst the in-house legal professionals were at firms with annual revenues ranging from £80m to over £4bn. Overall, use of litigation funding by private law firms has increased from 37% to 89%, with funding use by in-house teams also doubling over 3 years to 76%.

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Engineering and construction firm Bechtel now has a court date set to enable its appeal against the award of the HS2 £1bn Old Oak Common station construction partner contract.

Whilst Covid-19 may have forced many parts of society to slow down and re-think our approach to all aspects of our lives, recent comments by a number of High Court judges would seem to indicate that this is certainly not happening in civil and commercial litigation. The 3 judges have expressed their disquiet over the ever increasing pervasiveness of hostile and antagonistic approaches to litigation where every point, good or bad, is taken.

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A recent study conducted by Wolverhampton University has shed light on the growing level of claims and commercial activity around insolvency litigation in the UK. The report shows that there has been a 50% increase in the value of insolvency claims in the past five years. This large increase can mainly be attributed to 2012’s Legal Aid, Sentencing and Punishment of Offenders ACT (also referred to as the LASPO act), after which lawyers success fees under a conditional fee arrangement and any after the event (ATE) insurance premiums were no longer recoverable from the defendant.

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Manchester United and England footballing legend David Beckham, also famous for being married to former Spice Girl Victoria Beckham, is facing a trademark infringement dispute with Italian professional football club Inter Milan.

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An apparently mundane car part, the gearbox, is at the centre of a legal dispute involving a very rare - and very expensive – Ferrari

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London’s Court of Appeal has ruled that a judge in a recent libel claim had ‘seriously transgressed’ the fundamental principle of neutrality and had ‘bullied’ a Litigant in Person (‘LIP’) whilst they were giving evidence at trial.

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Commercial layers and economists from a number of European nations have recently signed an open letter urging caution with regard to proposed reforms in the current EU laws governing competition.

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A recent judgement has seen a costs penalty of £80,000 imposed on the Ministry of Defence (MOD) following concerns over disclosure of information as part of a contract dispute case.

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A Cheshire couple are taking legal action against the company behind the UK’s £56 billion HS2 railway expansion project, claiming that their home – which is set to be acquired by HS2 via a compulsory purchase order – is worth far more than HS2 have offered them.

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Epic Games, makers of the hugely popular online computer game ‘Fortnite’ are taking legal action against the organisers of a UK ‘live experience’ event that was based on the game.

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Having de-listed from the Australian Stock Exchange and joined AIM last month, Australian litigation funder Litigation Capital Management Limited (LCM) is a new name in the UK’s burgeoning third party litigation funding market.

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Latest News

  • Following the nations formal exit from the EU, a recent move by the Council of European Bars and Law Societies (CCBE) has been widely welcomed by UK-based law firms, barristers and lawyers. With the end of the Brexit transition period now passed, there were widespread concerns amongst the UK’s delegation to the CCBE that they would be demoted to 'associate' or 'observer' status, which would have severely affected its ability to take part. However, in a move welcomed by the Law Society and Bar Council, the CCBE has confirmed that it has created a new a category of 'affiliate' membership specifically for the UK.Originally founded in 1960, the CCBE represents over 1 million lawyers in the law societies and bars of 45 countries from the EU, the European Economic Area, and wider Europe. A CCBE spokeswoman said the 'affiliate' membership status... Read More

  • Japanese tyre and automotive parts manufacturer Bridgestone has threatened to take legal action against a one-man-band flooring company in Herefordshire over use of the ‘Bridgestone’ company name. The multinational corporation, the world’s second largest tyre manufacturer is headquartered in Kyobashi in Japan, and has production facilities in 24 countries. In contrast, tradesman Andy Bridgewater set up ‘Bridgestone Designs’ in his garden shed having been furloughed during the Covid-19 pandemic. Mr Bridgewater says he retrained to become a resin floor installer and invested all of his savings into setting up Bridgestone Designs two months ago. As a result, and despite the different nature and size of the two businesses, the tyre manufacturer has requested that he change the name of his company or face formal legal proceedings. Mr Bridgewater said that the similarity was pure coincidence. When setting up his business, he used... Read More

  •   Unpaid debts are an unwelcome hazard of operating in the commercial world. The reality of working life is that operating in the private sphere exposes a business to the risk that their fees will not be paid, or that the terms of an agreement are not honoured. In other words, the business will become a creditor and must attempt to recover commercial debt. It is common practice that in exchange for the delivery of a particular service or product, there is payment of a fee. This happens in a variety of contexts: the delivery of goods by a private courier; or the provision of specialist services by an individual of a particular profession or trade. Regardless of the facts, when a product or service has been provided there will be requirement for payment to be given in exchange. However when payment... Read More