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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.

 

4. Detail your view on the claim value

A realistic valuation of the claim is vital for insurers and funders when considering the case economics and the viability of any potential insurance cover or financial investment.

5. Consider and address enforcement

For litigation funders, or insurers offering a contingent premium, the enforcement or collection risk is as important, if not more so, than claim value. The commentary should include the financial strength of the defendant entity, whether the defendant is likely to be insured for the claim and the location of assets and enforcement strategy where appropriate.

6. Consider what documentation should be supplied in support of the case

Whilst insurers and funders will take into consideration the solicitors’ and/or Counsel’s views on the prospects of success, they will ultimately form their own views on the merits of the case. Whilst they must be provided with all the material information in support of the case, providing too much documentation which is not directly relevant to the risk assessment or covered elsewhere in the papers can be off-putting and can slow down the process. One approach is to supply the key material documentation, accompanied by an index of further documents which can be made available upon request.

7. Refer the insurer/funder to key documents

Remember, you will know the case better than the insurer/funder. It can save time to highlight the crucial supportive documents in your case summary.

8. Use the team at TheJudge

The team at TheJudge are on hand to discuss any queries relating to case presentation or the application process. Please do not hesitate to contact us for advice and guidance.

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