Apple Rejected U.K. Litigation Insurance Details

Gunnar Larson g at xny.io
Sun Jan 9 12:45:26 PST 2022


Cupertino, California based Apple Inc. is facing a $2.3B litigation battle
in the United Kingdom, as nearly 20 million iPhone and iPad users claim
Apple abused application payment ethics rules. Dr. Rachel Kent of King’s
College London is the proposed class representative custodian.

Law Gazette reports
<https://www.lawgazette.co.uk/news/apples-bid-to-reveal-ate-premiums-refused-by-tribunal/5111040.article>
that
Dr. Kent has submitted a proposal of litigation trajectory and
corresponding budget to finance the claim to trial. Attorney’s for Apple
petitioned the court for details of Dr. Kent’s litigation budget, pressing
for detail on ‘after the market’ (ATE) insurance premiums. Dr. Kent is said
to have $20M+ in liability protection covering litigation against Apple.

Apple challenged that Dr. Kent’s litigation budget and ATE premiums are not
subject to confidentiality. However, the U.K. tribunal hearing the case
rejected Apple’s logic. Presiding justices cautioned that ATE premium
details could motivate Apple to tactically forecast the insurers’
anticipated claim risk.

While refusing to disclose details of Mr. Kent’s litigation budget and ATE
premium agreements, the court did not grant privilege to details of the
insurance premium agreements. As such, Apple may engage alternative market
research avenues to obtain the information. The court expressed concern
that Apple may seek to increase pressure on Dr. Kent’s legal team by
driving up litigation costs during the dispute.

https://litigationfinancejournal.com/apple-rejected-u-k-litigation-insurance-details/
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