When presenting cases for litigation insurance and/or third party funding, it is important not to underestimate the need to present the case in the best manner possible. Some extra thought at the outset can save invaluable time later on, in addition to increasing the prospect of securing ATE insurance or litigation funding.

A commonly overlooked omission can be a good case summary in support of the bundle of documents supplied. Clearly litigation insurers and funders must ultimately reach their own view on merits but a concise summary letter will help navigate the ATE insurer or litigation funder to certain documents or facts as you feel appropriate.

Where third party funders or ATE insurers have to delve into pleadings and expert evidence just to identify key issues, it might not only lead to delays, but also suspicion and extra lines of questioning.

A case summary which confirms why in the law firm’s view the case ought to succeed is a good starting point. However, additional commentary about how the fee earner sees the litigation playing out e.g. preliminary points, key strategy, best guess as to the opponent’s likely response (if a defence has yet to be filed), details on any enforcement issues envisaged etc. will all go a long way to ensuring a positive outcome to the application for litigation insurance/funding.

Of course there will always be an element of guess work in forecasting how the litigation might play out, but that’s where the ATE insurer or third party funder is looking for confidence from an experienced litigator, and confidence in the litigation team can be critical to achieving a positive decision for legal expenses insurance or litigation financing.

After all a good litigator can win a case with only reasonable merits, whereas poor or inexperience litigator can lose a case with good merits.