Our Services
We can now provide bespoke ATE and funding solutions for a wide range of litigation disputes and cases. We have established arrangements with insurers (including ‘A’ rated) and specialist funders to tailor solutions to meet the requirements for most cases subject to assessment for reasonable prospects of success and proportionality. We aim to achieve this by fully understanding your needs and that of your clients. We keep appraised of relevant legal changes and developments in dispute resolution practices and law. We will work with you to provide the most appropriate solutions where possible.
After the Event (ATE) Insurance Cover
ATE insurance cover can be arranged to cover your clients’ opponents’ recoverable costs and disbursements if the litigation being pursued is unsuccessful.
ATE insurance premiums can be paid in different ways. Premiums can be funded by the litigation funding if we are asked to arrange this. Premiums can be funded in whole or part and paid at each stage of the litigation process, alternatively premiums can be deferred and paid contingently on a successful outcome of the litigation from the proceeds paid to your client. We will always seek the best possible terms to meet your clients’ needs for the particular facts and circumstances of the case.
We can arrange cover for different case types ranging from single cases to a portfolio of cases or group actions.
As well as assessing the merits of a case we will require a cost budget supported with relevant documentation and case strategy plan.
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.
Litigation funding will finance legal expenses incurred in connection with a legal dispute.
Security for Costs
In litigation opponents can seek an order for security to be provided for their costs. Whilst ATE insurance can be provided and generally acceptable as security it may be necessary to offer an alternative form of security such as a Deed of Indemnity which provides a guarantee for payment. This is available from our insurance and funding sources.
We will generally seek to simultaneously introduce the proposal to several providers on your behalf. If we recommend an insurance policy to you, we will confirm why we believe the proposed cover to be suitable in satisfying your insurance requirements.
Frequently Asked Questions
Your Title Goes Here
Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings.
How long does the application process and arrangement of cover take?
We cannot guarantee a specific window of time where proposals are either approved or rejected. If we have all the necessary information, supporting documents and details, then we can arrange cover very quickly with an insurer. We just need to understand the case, the risk involved in the case.
We require a good case summary, why merits are good, any issues in the case and realistic value of any damages. We must be assured of the ability to enforce any successful outcome.
How are ATE premiums paid?
Premiums can be paid if part of the litigation funding proceeds or staged payments are made during the case. Some premiums can be deferred until the settlement of a claim.
What is the cost involved for litigation funding?
Where a funding application is approved, the terms are specific to each case based on the overall merits, values and funding required. Typically, the funder will agree with the litigant a share of the proceeds in a successful case. The terms will be governed by a litigation finance agreement and a deed that agrees how this will be paid. In some cases, the funding terms will require the payment of interest on funds provided.
What happens if there is a counterclaim?
We need to review the counterclaim made in terms of its merit and if required seek to include the risk of costs in relation to the counterclaim as part of the cover provided.
Can I receive a proposal/application for just ATE cover or funding?
Yes, those are the two services that we offer.
Is there a charge to receive a proposal/application for review and decision?
No, we will charge and receive a commission from the insurer and/or funder in accepted cases.
When should I take out ATE Insurance?
As soon as it is possible to assess the merits of a case. For example, after a substantial response to a letter of claim from the other party. As a case progresses the litigation risk involved usually increases and is much less likely to settle before trial. Consequently the availability of terms of cover deteriorates with higher premiums being charged.
How does the ATE insurance meet any application for security for costs by the other party?
For appropriate cases, where required we can seek to arrange an endorsement of the policy and/or an anti-avoidance clause which will meet security for costs requirements in most cases. There will be an additional premium charged in these cases.
Does any funding have to be paid back if the case is unsuccessful?
The funder will usually provide this on a non-recourse basis, meaning if the case is unsuccessful the invested capital in the case cannot be recovered from any proceeds.
Can I seek to arrange cover for cases with specific requirement?
Yes, not all ATE policies provide the same coverage, we will meet any specific case requirements where possible.
What size of cases can you arrange cover or funding for?
We have a process for cases up to £350,000 for cover in which we aim to provide a speedier application process. We will consider proposal/applications for cases above this limit.