TheJudge is the market leader in the placement of Litigation or Arbitration Insurance (sometimes known in the UK as After the Event or ‘ATE’ insurance).
For over 15 years, we have been at the forefront of this highly specialist sector. We have placed more policies and have a larger dedicated team than any other broker in the market.
We are continually pushing the boundaries of what can be done by arranging the largest policies ever written. We have pioneered product developments and introduced new capacity, helping to shape a market that now forms a mandatory part of any advice given by a law firm about funding legal proceedings in the UK and has become a key export product to law firms and their clients around the world.
Available Cover
(1) Own Side’s Budget
Many of the Litigation Insurance policies that we broker are structured primarily to cover the client’s own litigation budget, including potentially both future and historic costs. Under this model, the client finances the litigation or arbitration on a normal fee-paying basis, but takes out insurance to cover some or all of the amount paid. If the case is unsuccessful, the insurer reimburses the client for the insured legal fees and costs incurred.
Insurance structured in this way can sit alongside a third party funding arrangement, or provide a cost-effective alternative for corporate clients with good liquidity that are seeking to manage their litigation budgets.
(2) Adverse Costs / Fee Shifting
ATE insurance is generally well understood as a way of insuring “adverse costs” risk, i.e. the policyholder’s potential liability for the opponent’s legal costs in the event that the case is lost and a costs award is made against the policyholder.
(3) Security for Costs
We are experts in providing solutions for clients facing potential security for costs applications and have been involved in many of the cases setting precedent case law on this issue. There are a number of potential ways in which security for costs issues can be addressed, including specific financial instruments. Please contact us to discuss your requirements.
