Security for Costs

Contact us

In the press Submit an application

Complex Litigation Specialty Risks Collective Actions

  • Large limits ATE for own costs and adverse cost insurance
  • Contingency Fee Insurance Learn more
  • Appeal risks cover Learn more

SME Disputes

  • ATE insurance for own costs and adverse costs under £1m
  • DBA Insurance for law firms under £1m Learn more
  • Erso Capital – Special SME Fund for cases needing funding under £500k

Accelerate ATE Portal

For cases requiring under £250,000 of cover for adverse costs & own disbursements

Obtain terms and pricing in 24 hour from the leading A-rated providers

Download our application form
Application word doc Application pdf doc

General Enquiries

Ask us anything Contact us

Security for costs orders can frustrate the pursuit of even the most meritorious commercial disputes as well-resourced opponents seek to deter claims by insisting on security that can tie up the claimant’s capital.

The extent to which litigation insurance policies are accepted by national courts and arbitral tribunals as adequate security for costs around the world is constantly evolving. However, recent court decisions in jurisdictions like England & Wales and Australia are demonstrating a trend towards an acceptance by the courts of insurance policies. Provided the policy is supported by reputable insurers, ATE insurance should be presumed to be adequate security in the absence of specific reasons that present a higher than normal risk of a claim for adverse costs not being met.


In circumstances where an insurance policy is not enough, TheJudge can advise on alternatives to satisfy an order for security for costs – such as a Deed of Indemnity. Such instruments provide a guarantee from the insurer that they will pay an adverse costs order notwithstanding any reason why the underlying ATE insurance policy would not respond to a claim. Deeds or “Bonds” have been accepted as adequate security for costs in the English courts.

Our brokers are experts in advising on the options available to enable claimants to provide security for costs. Indeed, many of the leading precedents on ATE insurance satisfying security for costs involved policies brokered by TheJudge

Meet the team

See what our clients have said about us and our services.


Keep up to date with what is happening with TheJudge and the world of litigation insurance.

Read the news

Have an enquiry about this service? Contact us to see what we can do for you.

Contact us
document.addEventListener( 'wpcf7mailsent', function( event ) { console.log(event.detail); if(event.detail.contactFormId == '23457') { setTimeout(function() { jQuery('#wpcf7-f23457-p23453-o2 .wpcf7-response-output').html('Thank you. Please download Law firms 2024 here ') }, 500); } }, false );