Jonathan Barnett

Oct 17, 2024 | lexology.com | Mark Whelan |Jonathan Barnett |Lucy Caton

The recent High Court decision in Asertis Ltd v Bloch [2024] EWHC 2393 (Ch) gives clear guidance on: i) the circumstances in which the Court will find that there is reason to believe that a claimant will not be able to meet an adverse costs order; and ii) the adequacy (or lack thereof) of after-the-event (ATE) insurance to fund adverse costs awards, including policies with an anti-avoidance provision.