Collaboration between law firm, litigation funder and insurance brokerage creates access to justice enhancing product for owners of intellectual property.

Debenhams Ottaway LLP in association with Sparkle Capital Ltd, Sybaris Legal & IP and Acasta Europe Limited have today launched a product to fund claims brought in the Intellectual Property and Enterprise Court (“IPEC”). The product follows collaboration between the innovative law firm, who last year set up a litigation funding panel and Sparkle Capital, a litigation funder. Sybaris Legal & IP, an insurance broker operating in the intellectual property arena will operate one of the distribution channels for the product and Acasta will provide the After The Event insurance.

The product can cater for claims valued from £50,000 to £500,000. The fixed recoverable costs in IPEC limit the recoverable costs in stages up to £50,000 (save in some circumstances in which a party beats a Part 36 offer). The IPEC regime is therefore attractive to litigation funders and ATE insurers because it limits exposure for adverse costs particularly where the Arkin cap is under threat from developing jurisprudence.

The product is aimed both at the SME market and IP portfolio holders such as brand owners, musicians and the pharmaceutical industry. It covers a variety of different types of Intellectual property claims ranging from trade mark infringement and passing-off to copyright, design right and patent infringement claims. It combines a discounted conditional fee agreement with Debenhams Ottaway within a funding package from Sparkle Capital to meet the discounted element of the fees and disbursements. The cost of the funding is low by market standards because it is based on a fixed interest rate rather than the market standard “share of the award”. And it is non-recourse as it is covered by the relevant After the Event and Financial Guarantee Insurance provided by Acasta.

Commenting on the launch of the product, Debenhams Ottaway lead litigation and dispute resolution Partner, Luke Harrison, who also serves as Chairman of the Commercial Litigation Association said:

The IPEC funding product is essentially an access to justice tool. It enables those who have suffered a legal wrong to obtain redress whilst avoiding the risks associated with litigation. Intellectual property is an intangible asset which is easy for third parties to exploit and profit from. Whilst there are a number of ways IP may be protected, enforcing those rights in practice through the Courts is often the only tool available to protect that value.

Senior Associate and lead Intellectual Property disputes Lawyer at Debenhams Ottaway, Rosie Patterson said:
The IPEC funding product should go some way to addressing the imbalance in resources that we often see between parties in IP disputes, an imbalance that frequently acts as a barrier to Claimants bringing actions to protect their rights.

Tets Ishikawa, Director at Acasta and Senior Adviser at Sparkle Capital, commented:

Acasta and Sparkle are delighted to partner with our forward-looking partners, Debenhams Ottaway and Sybaris Legal & IP, in launching this IPEC Funding Product. The delivery of real access to justice can only progress with a solutions-led approach that lead to products meeting the actual needs of legal claims. This is the result of that approach and is part of our overall strategy to deliver innovative, relevant insurance and funding products to the litigation market.

Commenting on the launch of this new product, Ian Wishart, a director of Sybaris Legal & IP and himself an experienced patent attorney and an inventor, said:

This new funding product will benefit potential litigants before IPEC who have been unable to pursue good claims, sometimes against much larger firms, because of a lack of resources. It levels the playing field, and enables IPR owners to retain value and leverage those rights.

Debenhams Ottaway LLP is a leading law firm with offices in Hertfordshire and a London space. The firm acts for high net worth individuals, entrepreneurs and established businesses including, in specialist fields, a number of household brand names. The firm’s litigation and dispute resolution team is known for its entrepreneurial and collaborative approach and fastidious approach to delivering value to clients. The firm also boasts the leading contentious intellectual property team in the northern home countries lead by former city lawyer Rosie Patterson.

Sparkle Capital Ltd was founded in 2014 as a third-party commercial litigation funding business. We are a privately-owned company belonging to the family of Fred Done, who is best known for founding BetFred and various other business interests, including real estate and insurance. We are administered by Acasta Europe Limited, an ATE insurance provider.”

Acasta Europe Ltd provides administrative services to Acasta European Insurance Company Ltd, an insurer founded in 2006 and active in 12 European countries across 9 classes of insurance. We are an active provider of legal expenses insurance in the UK being one of the most trusted and innovative ATE insurance providers in both delegated authority Personal Injury and bespoke commercial, clinical negligence and insolvency cases. We have a core base of loyal partners that we work closely with to provide innovative solutions that enhance their businesses.

Sybaris Legal & IP is a trading identity of Sartorex Group Ltd, which is an accredited Lloyds broker. Sybaris Legal & IP has been broking specialist legal and IP risks for over six years, and has a team of highly experienced brokers and IP specialists, who have been assisting micro-businesses to £100+M turnover companies with IP insurance, After the Event insurance and litigation funding.

102 thoughts on “Collaboration between law firm, litigation funder and insurance brokerage creates access to justice enhancing product for owners of intellectual property.”

  1. An impressive share, I just given this onto a colleague who was doing a little analysis on this. And he in fact bought me breakfast because I found it for him.. smile. So let me reword that: Thnx for the treat! But yeah Thnkx for spending the time to discuss this, I feel strongly about it and love reading more on this topic. If possible, as you become expertise, would you mind updating your blog with more details? It is highly helpful for me. Big thumb up for this blog post!

  2. A lot of whatever you say happens to be supprisingly appropriate and that makes me ponder the reason why I hadn’t looked at this in this light previously. Your piece truly did switch the light on for me as far as this particular issue goes. Nevertheless at this time there is actually just one issue I am not necessarily too comfortable with so while I attempt to reconcile that with the core idea of your position, permit me observe what the rest of the subscribers have to say.Well done.

  3. I have been exploring for a bit for any high quality articles or weblog posts in this sort of area . Exploring in Yahoo I ultimately stumbled upon this website. Studying this information So i¦m satisfied to express that I have a very excellent uncanny feeling I discovered exactly what I needed. I such a lot for sure will make sure to do not disregard this web site and give it a glance regularly.

  4. This website is mostly a stroll-by way of for the entire information you needed about this and didn’t know who to ask. Glimpse right here, and also you’ll undoubtedly uncover it.

  5. Thank you, I have recently been searching for info approximately this topic for ages and yours is the best I’ve came upon so far. But, what in regards to the conclusion? Are you certain in regards to the supply?

  6. Hi my family member! I want to say that this article is amazing, great written and include almost all important infos. I¦d like to peer extra posts like this .

  7. I simply want to say I am just beginner to blogging and absolutely liked this blog site. Almost certainly I’m likely to bookmark your website . You absolutely come with impressive articles. Thanks a lot for revealing your web-site.

  8. Hiya, I am really glad I have found this info. Nowadays bloggers publish only about gossips and net and this is really irritating. A good web site with interesting content, that’s what I need. Thank you for keeping this website, I will be visiting it. Do you do newsletters? Can not find it.

  9. Hello! I just wanted to ask if you ever have any issues with hackers? My last blog (wordpress) was hacked and I ended up losing months of hard work due to no backup. Do you have any solutions to protect against hackers?

  10. Heya i’m for the first time here. I found this board and I find It really useful & it helped me out much. I hope to give something back and aid others like you aided me.

  11. I just couldn’t depart your site before suggesting that I really enjoyed the standard info a person provide for your visitors? Is going to be back often in order to check up on new posts

  12. A lot of of what you say happens to be supprisingly accurate and that makes me wonder why I had not looked at this in this light previously. This particular piece truly did switch the light on for me personally as far as this subject goes. But there is actually 1 issue I am not necessarily too cozy with and whilst I try to reconcile that with the core theme of your issue, permit me observe just what all the rest of your subscribers have to point out.Nicely done.

  13. Usually I don’t learn post on blogs, however I wish to say that this write-up very forced me to check out and do it! Your writing style has been surprised me. Thank you, quite nice post.

  14. Hi my family member! I want to say that this post is amazing, great written and include approximately all significant infos. I would like to look more posts like this .

  15. You can definitely see your skills in the work you write. The world hopes for more passionate writers like you who are not afraid to say how they believe. Always go after your heart.

  16. You have remarked very interesting details! ps decent web site. “‘We’re always lucky,’ I said and like a fool I did not knock on wood.” by Ernest Hemingway.

  17. I’ve been browsing online more than 3 hours lately, but I never found any fascinating article like yours. It’s beautiful value sufficient for me. In my view, if all webmasters and bloggers made just right content material as you did, the internet shall be a lot more useful than ever before. “Truth is not determined by majority vote.” by Doug Gwyn.

  18. I?¦ve been exploring for a bit for any high quality articles or blog posts on this sort of area . Exploring in Yahoo I eventually stumbled upon this site. Reading this info So i?¦m satisfied to exhibit that I’ve an incredibly excellent uncanny feeling I discovered exactly what I needed. I so much indubitably will make sure to don?¦t put out of your mind this website and provides it a look regularly.

  19. Thanks for the good writeup. It if truth be told was once a enjoyment account it. Glance complex to more delivered agreeable from you! However, how can we keep in touch?

  20. Fantastic beat ! I wish to apprentice while you amend your web site, how could i subscribe for a weblog web site? The account helped me a acceptable deal. I have been tiny bit familiar of this your broadcast provided vivid transparent idea

  21. I love your blog.. very nice colors & theme. Did you create this website yourself? Plz reply back as I’m looking to create my own blog and would like to know wheere u got this from. thanks

  22. I was very pleased to seek out this web-site.I needed to thanks for your time for this glorious learn!! I positively having fun with every little little bit of it and I have you bookmarked to check out new stuff you weblog post.

  23. I’ve been surfing online greater than 3 hours nowadays, but I by no means found any fascinating article like yours. It is pretty worth enough for me. In my view, if all site owners and bloggers made excellent content material as you probably did, the web might be a lot more helpful than ever before.

  24. I am extremely impressed with your writing skills as well as with the layout on your weblog. Is this a paid theme or did you modify it yourself? Either way keep up the nice quality writing, it is rare to see a great blog like this one today..

Leave a Reply

Your email address will not be published.