Commercial disputes are set to rise, but companies’ ability to fund litigation is set to contract in tandem. Derek Bedlow asks whether insurance-backed conditional fee arrangements will become the funding method of choice when money is tight

Notwithstanding the relatively short history of conditional fee arrangements (CFAs) and ‘after-the-event’ insurance (ATE) in commercial litigation, the low take-up of the CFA and ATE combination in commercial litigation looks a little strange.