‘To Tweet or Not to Tweet’ – Defamation developments
By Nicholas Ellor, Senior Underwriter (Estimated reading time: 4 minutes 27 seconds) Shakespeare would probably have enjoyed the verbal jousting on social media and Hamlet’s ponderings about human existence in general could also have worked online. But with Twitter in the news again as Elon Musk considers taking over the company and into private ownership, […]Read more
A “SLAPP” in the Face – but is There a Fundamental Paradox?
By Nicholas Ellor, Senior Underwriter (Estimated reading time: 3 minutes 52 seconds) The allegation is that Strategic Lawsuits Against Public Participation (SLAPP) are used by the rich and powerful to protect their reputation and to gag those who would expose their unsavoury path to enormous wealth to public scrutiny and ridicule. We take a closer […]Read more
Eroding confidence – when things go south with ATE insurance
By Nicholas Ellor, Senior Underwriter (Estimated reading time: 2 minutes 38 seconds) In the context of ATE insurance and before the trial of the claim, this often will mean the confidence in the insured’s case has been seriously eroded. Unsurprisingly the cause of such erosion can be a number of factors – disclosure may throw […]Read more
When does a Litigation Funding Agreement become a Damages-Based Agreement?
By Nicholas Ellor, Senior Underwriter (Estimated reading time: 3 minutes 39 seconds) This was a central issue in the recent Court of Appeal case of Paccar Inc v Road Haulage Association Ltd  EWCA Civ 299 (05 March 2021). Litigation funding agreements (“LFA”) and damages-based agreements (“DBA”) are both forms of litigation funding. Both are […]Read more
When does an After-the-Event insurance policy provide adequate security for a defendant’s costs?
By Nicholas Ellor, Senior Underwriter (Estimated reading time: 3 minute 21 seconds) The short answer is, it very much depends on the wording of the particular policy and provisions in it enabling the insurer to void the policy and/or exclude liability. A rather unhelpful answer but nonetheless probably true. A defendant’s legal representatives will go […]Read more
Construction Disputes: enforcing adjudicator’s awards in favour of insolvent referring party – what does constitute adequate security?
By Nicholas Ellor, Senior Underwriter This article was first published in the August 2021 issue of the Law Society’s ‘Litigation Funding’ magazine Estimated reading time: 6 minutes, 47 seconds Now that we have the benefit of the unanimous decision of the Supreme Court in Bresco Electrical Services Ltd v Michael J Lonsdale  UKSC 25 […]Read more