Call us today0800 160 1298
 
 

Litigation Protection

The potential costs involved in resolving a commercial dispute vary greatly depending on whether a claim is successful or unsuccessful. If an action is successful, the costs involved will often be mitigated by a financial award. However, if an action is unsuccessful, the losing party may be ordered to pay the costs of those involved in the action.

Yet the risk and costs of losing a commercial claim needn't prevent an individual or a business from pursuing a claim that has a strong chance of success. There are many insurance products now available that can reduce, or remove, the costs of failing to win a commercial claim.

These products, which come under the broad term of 'After the Event' (ATE) insurance, offer a creative and bespoke method of protecting against the financial risks and liabilities involved in losing litigation.

After the Event Commercial Legal Expenses Insurance

'After the Event' (ATE) insurance provides extra protection against the risks involved in resolving a dispute through the courts. It covers the potential losses and costs incurred if a legal claim is unsuccessful. This means that many common commercial claims, whether they relate to recovering debt, professional negligence, commercial property, insolvency or breach of contract, can be brought without any of the initial costs.

Litigation insurance products such as ATE will often cover an opponent's costs if the claim fails, as well as those of the person pursuing legal action. This kind of insurance is therefore very valuable for any individual or business that wants the peace of mind that they will not be liable for an opponent's costs should their claim fail.

ATE insurance also has the added benefit that the premium is only payable when the case is over and the claim was successful. This is because the premium is expected to be paid from any settlement or damages that are awarded in the insured's favour.

The level of the premium payable on success will often depend on the type of cover sought and the risks involved in bringing a claim. It may be a percentage of the insured amount or of the costs incurred at the end of the case. It is possible to negotiate the terms and premium payable to reflect the particular circumstances of the claim.

Although the fees of an insured person's solicitor are not covered by ATE insurance, it can be possible to offset a solicitor's fees by entering into a no win, no fee or no win, low fee agreement. By doing so, someone who wishes to bring a claim will be safe in the knowledge that they will only have to pay the costs of a commercial claim if they are successful.

Litigation Insurance Experts

Advantage Litigation Services can help you find and apply for the right insurance product in a straightforward and efficient way. We can also help you obtain additional cover should you need it, or apply for cover to be backdated.

Contact our litigation insurance product specialists for a no-obligation assessment of your potential claim and the funding options that are available. Click here to contact us today or call 01252 354434 to see how we can help.

Get in touch

  1. Your Name(*)
    Please let us know your name.
  2. Your Email(*)
    Please let us know your email address.
  3. Company Name(*)
    Please write a subject for your message.
  4. Your Phone Number
    Invalid Input
  5. Message(*)
    Please let us know your message.
  6. Anti-Spam, please enter the characters shown
    Anti-Spam, please enter the characters shown
    Invalid Input

Latest News

  • 31 August to 4 September 2015 is UK-China Copyright Week, when UK Intellectual Property Office (IPO) representatives together with official from the UK's leading creative firms travel to China (Beijing, Hangzhou and Shanghai) to work with the National Copyright Administration of China (NCAC). The UK's delegation is being lead by Dr Ros Lynch, who is the UK IPO's Director of Copyright and Enforcement. The aim of the seven-day high profile international event is to allow dialogue between business, policymakers and government from both countries. Read More

  • Those found guilty of commercial-scale online copyright infringement may soon face much longer jail terms. Currently, the offence is only punishable by a maximum jail term of two years but the government in the United Kingdom (UK) has launched a consultation on plans to increase the maximum sentence to ten years. The proposals, which will increase the sanctions for those who infringe the rights of copyright holders for large-scale financial gain, are designed to ensure the sanctions online copyright offences better match those relating to the copyright infringement of physical goods. Read More

  • The Law Society of England has reacted to further increases to court fees, which were very recently announced by the UK government, by claiming the move is a 'a further assault on access to justice for individuals and small businesses'. While the government increased the maximum court fee, which is payable by a claimant to £10,000 in March 2015 – they are now proposing to double this amount to 'at least' £20,000. Read More