Alternative

ATE and Funding

Our team have considerable experience in the needs of lawyers & their clients in a wide range of litigation disputes. We have developed & now have access to specialist insurers & funders, including ‘A’ rated insurers.

We offer combined solutions to manage litigation risk with risk transfer & financing from a range of supportive specialist insurers & funders who can provide flexible, innovative & efficient solutions to meet your clients’ needs.

WHAT WE CAN ARRANGE

After the Event (ATE) Insurance Cover

ATE insurance cover can be arranged and purchased to cover your clients’ opponents’ recoverable costs and disbursements if the litigation is unsuccessful. Premiums can usually be funded or agreed to be paid contingently upon a successful outcome from the proceeds of the litigation. We can help to arrange ATE cover on single cases or a portfolio of cases with bespoke structuring of cover and applicable premiums whether funded or deferred and contingent.

Litigation Finance Funding

Litigation requires funding during the life of the case. The funder provides this cash-flow on a non-recourse basis which means if the litigation is unsuccessful there is no repayment of capital invested. This facility allows meritorious claims to be pursued and for the litigation risk to be managed in conjunction with ATE insurance. Funders will take a share of the proceeds of litigation.

Security for Costs

In litigation, opponents can seek an order from the court providing for security of costs to be provided in appropriate cases. We can help to arrange ATE insurance cover that is generally acceptable as security to meet your client’ needs. We have arrangements with specialist insurers who can provide this and if necessary other forms of security,  for example a financial guarantee, anti-avoidance provisions in cover and Deeds of Indemnity. We work closely with our specialist insurers and funders to provide the best possible solution.

Applications for ATE (After The Event) Insurance & Funding

Case Types

We will consider supporting a wide range of case types where the litigation has good prospects of succeeding with monetary damages. We have a standard application process and a fast track, on-line pre-application review service to provide indicative quotes and assessment prospects for lower value cases. Key documentation and case presentation is important in all applications to us.

Flexibility

Beyond the application process and our case review, we are able to consider a wide range of limits for ATE cover and premium options. Funding terms are case specific and usually involve the funder sharing the proceeds from a successful case, with terms governed by the Litigation Funding Agreement. We consider applications at any stage of the proceedings, although usually we expect applications at an early stage.

Application Process

Our standard application process can be downloaded and provides key documentation in support of an application. We will acknowledge your application and provide a substantive response to all application within 7 working days. Where necessary, we will contact you to discuss any aspect of the application to ensure we fully understand your requirements. Each case is unique and we always aim to provide bespoke solutions.

For urgent cases, or for cases up to £350,000 for cover and/or funding, we can usually provide a priority fast-track service.

If you have a pre-application query, please contact us. We can often provide indicative terms subject to a full case assessment review.

We may require you to provide documentation as part of the application process by sending documents through our Dropbox account. We will provide the necessary details and reference when required.

GENERAL ENQUIRY

If you would like to submit a proposal, please download our proposal form and send that to us with relevant information. We will review this and liaise directly with you to understand your requirements and provide an indicative decision in relation to ATE cover terms, limits and premiums and provide possible funding solutions and terms if required. We will work quickly but thoroughly to meet reasonable expectations.

For cases up to £350k (ATE cover and/or funding), we anticipate providing an indicative decision within 7 working days.