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Litigation funding and ATE insurance in 2014

Increasingly competitive use of alternative fee arrangements will be one of this year's challenges, Matthew Amey predicts

3 January 2014

As awareness of the Third Party Funding (TPF) market continues to increase amongst lawyers and their clients (in particular amongst corporate clients), we predict continued growth, both in the number of completed funding deals and the amount of capital available. However, it's the commercial ATE insurance industry that will really begin to understand the hand it has been dealt, following the enactment of the LASPO Act 2012.

Following March 2013's unprecedented surge in demand for commercial ATE before the rules changed, there was an immediate (and inevitable) drop in demand for non-recoverable ATE products. In recent months, though, there has been a slow recovery. This appears to be sustained and is set to continue and accelerate in 2014.

Uncertain climate

In the uncertain climate which followed LASPO, insurers have generally taken a more conservative approach to pricing. In large, complex cases, some insurers are increasingly seeking...

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