Advice when making an application for litigation insurance and/or litigation funding
Good case presentation is invaluable when seeking litigation insurance and/or litigation funding. A considered and comprehensive case presentation can significantly improve the chances of securing offers and the speed of underwriting decisions.
[For advice about applying for litigation finance in the US, please contact us before submitting any documentation.]
Here are some tips to help you when applying for litigation insurance and/or litigation funding in the UK and Europe:
1. Provide a case summary
It is helpful to provide a short, concise summary of the case, prepared by the instructed lawyers. This should outline the background, the key issues and the strength of the case. This enables underwriters to quickly form a view about the case and to focus their more in depth analysis.
2. Detail why you believe that your client is likely to succeed
Insurers and funders will only support cases with good prospects of success. The case summary or written opinion should set out the reasoned view of the legal team on the case merits, as well commenting on any commercial aspects which may not be readily apparent from the pleadings or correspondence.
3. Address the likely challenges or defences
The key challenges or defences should be addressed head on, including commentary on why you believe that these arguments can be overcome. If the case is at a very early stage, it is useful to pre-empt the likely defences and comment on them.
