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We are regularly instructed to secure risk transfer terms across of the full spectrum of litigation areas. The following are just some examples of our work:

 

Case examples March 2014 update:

A high court claim for misrepresentation and breach of a Sale & Purchase Agreement brought by a company seeking to purchase a significant commercial real estate asset. TheJudge obtained 11 different insurance options from 6 different insurance companies for the client as well as a highly competitive staged-fee funding offer amounting to less than x1 at trial. The premium payments offers included deferred & contingent (i.e. the premium is only payable in the event of success), fully upfront premium options, blended and damages based premiums i.e. premiums calculated as a percentage of damages.  Each of the 11 offers had a different price outcome for the client depending on whether the case was successful and at what stage of the proceedings the recovery was achieved.

Complex oil dispute being arbitrated against an African State Respondent.  The claim value exceeds $500m.  We successfully secured terms from a pool of third party funders to finance the lawyers’ fees and expenses, including asset tracing reports.
For more examples of our work in international arbitration see http://www.arbitration-funding.com/case-studies/Investment-Treaty-Arbitration-Funding

A multi million pound alleged fraud case.  We were engaged by a FTSE 100 company to cover the costs of their appeal following our client’s unsuccessful first instance hearing.  The litigation insurance cover was arranged two weeks before the appeal hearing.  Unfortunately the case was unsuccessful, but due to the benefit of their policy the client was able to call upon the indemnity for the costs they had incurred.  No premium was payable as the premium was contingent upon a successful outcome being achieved.

A breach of trust claim against former trustees of an offshore trust being brought in an offshore jurisdiction, relating to the mismanagement of trust assets.  We arranged a mixture of third party funding and litigation insurance.  We were able to secure a variety of offers of third party funding and litigation insurance, including insurance for our client’s own lawyers’ fees.  The offers from various providers varied significantly.  The best solution proved to be a syndication approach, with different providers contributing to different parts of the legal fees exposure.  The aggregate saving to the client by taking this approach exceeded £6m.

 

Examples of Our Work

We are regularly instructed to secure risk transfer terms across of the full spectrum of litigation areas. The following are just some examples of our work:

 

Case examples March 2014 update:

A high court claim for misrepresentation and breach of a Sale & Purchase Agreement brought by a company seeking to purchase a significant commercial real estate asset. TheJudge obtained 11 different insurance options from 6 different insurance companies for the client as well as a highly competitive staged-fee funding offer amounting to less than x1 at trial. The premium payments offers included deferred & contingent (i.e. the premium is only payable in the event of success), fully upfront premium options, blended and damages based premiums i.e. premiums calculated as a percentage of damages.  Each of the 11 offers had a different price outcome for the client depending on whether the case was successful and at what stage of the proceedings the recovery was achieved.

Complex oil dispute being arbitrated against an African State Respondent.  The claim value exceeds $500m.  We successfully secured terms from a pool of third party funders to finance the lawyers’ fees and expenses, including asset tracing reports.

For more examples of our work in international arbitration see http://www.arbitration-funding.com/case-studies/Investment-Treaty-Arbitration-Funding

 

A multi million pound alleged fraud case.  We were engaged by a FTSE 100 company to cover the costs of their appeal following our client’s unsuccessful first instance hearing.  The litigation insurance cover was arranged two weeks before the appeal hearing.  Unfortunately the case was unsuccessful, but due to the benefit of their policy the client was able to call upon the indemnity for the costs they had incurred.  No premium was payable as the premium was contingent upon a successful outcome being achieved.

A breach of trust claim against former trustees of an offshore trust being brought in an offshore jurisdiction, relating to the mismanagement of trust assets.  We arranged a mixture of third party funding and litigation insurance.  We were able to secure a variety of offers of third party funding and litigation insurance, including insurance for our client’s own lawyers’ fees.  The offers from various providers varied significantly.  The best solution proved to be a syndication approach, with different providers contributing to different parts of the legal fees exposure.  The aggregate saving to the client by taking this approach exceeded £6m.

 

Other useful examples:

  • Brokered litigation insurance for a client involved in a $200m international arbitration (ICSID).
  • Arranged a £6m bespoke package of litigation funding and insurance for a group of shareholders in their $400m international telecommunications dispute.
  • Engaged by a client bringing patent infringement proceedings against a leading telecommunications provider.
  • Arranged a £16m combined solution of funding and insurance for a large investor fraud claim.
  • Engaged by a consortium of clients pursing loss recovery programmes as a result of misrepresentation/fraud during the financial crisis. Loss recovery in excess of £1billion.
  • Brokered litigation insurance for various high profile sporting figures involved in Premier League Arbitrations.
  • Structured a bespoke insurance contract for a large commercial client pursuing a claim against various cartelists in the Competition Appeal Tribunal.
  • Arranged a £2.5m litigation insurance policy for a Local Council in their defence and counterclaim in relation to a heavily protracted construction dispute.
  • Brokered a £7m package of litigation funding/insurance for a client who was allegedly defrauded into parting with his significant shareholding in a company which rapidly increased in value.
  • Engaged by 10 banks to insure portfolios of claims arising from the downturn in the commercial/civil property market. The facilities we brokered have enabled over £100m of legal fees to be hedged on behalf of the banks.
  • Brokered litigation insurance terms for a US Fortune 50 company bringing an arbitration claim in their bid to recoup losses sustained from a liability insurer’s refusal to satisfy a claim.

The above represents only a very small selection of our work. In addition to being the market leader in arranging big ticket indemnity / funding solutions, we regularly hedge tens of millions of pounds of cost exposures for smaller cases where the legal exposures might range from £10,000 – £500,000.

If you have a case you would like to discuss, please contact us for further information on insurance and funding solutions available.

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