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Latest News
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Litigation Funding and ATE Insurance in High Court spotlight
Comments made by a High Court judge recently have highlighted some of the complexities involved when using litigation funding to back large commercial claims. The comments, by Mr Justice Nugee, were made during the latest stage of the Ingenious Litigation, in which a large number of investors are attempting to recover losses incurred following investments in so called ‘film-schemes’ – schemes that were initially promoted and sold as a highly tax-efficient form of investment, but more recently have been deemed as inappropriate by HMRC. The investor claims have been made against a number of Ingenious entities and against financial advisors who originally recommended the schemes, with litigation funding being provided to support the claim by Therium. Nugee J recommended that litigation funders and ATE (After The Event) insurers should make their arrangements more defendant friendly, and also stated that just because... Read More
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Unified Patent Court under threat as UK decides against participation
In a move that underlines much of the UK government’s strategy with regard to legal and standards conformation post-Brexit, Downing Street has recently confirmed that it would not become a member of the EU’s forthcoming Unified Patent Court (UPC) and its associated unitary patent. The European Union is setting up the Unified Patent Court to act as a common, standardised court across all contracting Member States. The UPC would become part of each Member States judicial system, and it would have exclusive competence in respect of European patents and European patents with unitary effect. Until the current government came to power, the UK Intellectual Property Office (IPO) had previously stated that as the court will not be an EU institution, then the UK’s participation would not be affected by Brexit. However, the 2013 intergovernmental agreement which created the court provides for... Read More
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Claimants face £1m legal costs bill following professional negligence appeal loss
A British couple who ended up losing their appeal following a claim against an architect (and former friend) over the free landscaping advice she provided are facing a huge legal bill for costs. Multi-millionaire couple Peter and Lynn Burgess say the planning and work that was carried out at the garden of their £5 million London home would have been finished more quickly and would also have been cheaper had they not followed her advice. The couple, Peter and Lynn Burgess , had originally accepted the advice from former friend Basia Lejonvarn after deciding that a quote from another professional landscape garden designer was too high. Following Ms Lejonvarns initial help, the Burgess’s then decided to hire different contractors to complete the work at a lower price. However, when this didn’t proceed to their satisfaction, the couple returned to Lejonvarns to finish... Read More
