Litigation funding and marginal gains

Tets Ishikawa of Lionfish comments on the Competition Appeal Tribunal’s rulings in two recent judgments (Kent v Apple and Coll v Google) that disclosing ATE premiums would give the defendants an ‘unfair tactical advantage’ and argues that if defendants want to go for marginal gains on funding and insurance agreements, they should equally be willing to give disclosure and transparency around the financial strategy for their case defence, including the costs provisioned for defending the claim and the amounts provisioned for any potential loss on their account. Read more.