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Insurance surgery: ATE (Pt 2)

Friends with benefits: Richard Whale dispels some myths about after the event insurance

For many years, commercial litigators thought after-the-event (ATE) insurance was a personal injury phenomenon of no direct interest. But as pressure from clients over costs and risk sharing continues to increase, many have come to the realisation that this is far from true. 

The prospect of insuring against the risk of losing and then having to pay the other side’s costs and your own disbursements has considerable appeal, not only to the client with little spare cash, but also to the company that could afford to pay but wants to remove the risk from their balance sheet.

ATE is usually seen supporting conditional fee agreements (CFAs), and these are also becoming more common in the commercial world. There was a great deal of publicity around Addleshaw Goddard agreeing a CFA with Russian oligarch Boris Berezovsky for his (ultimately unsuccessful) action against Roman Abramovich. A range of other commercial law firms have also announced their

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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