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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.

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Latest News

  • Comments made by a High Court judge recently have highlighted some of the complexities involved when using litigation funding to back large commercial claims. The comments, by Mr Justice Nugee, were made during the latest stage of the Ingenious Litigation, in which a large number of investors are attempting to recover losses incurred following investments in so called ‘film-schemes’ – schemes that were initially promoted and sold as a highly tax-efficient form of investment, but more recently have been deemed as inappropriate by HMRC. The investor claims have been made against a number of Ingenious entities and against financial advisors who originally recommended the schemes, with litigation funding being provided to support the claim by Therium. Nugee J recommended that litigation funders and ATE (After The Event) insurers should make their arrangements more defendant friendly, and also stated that just because... Read More

  • In a move that underlines much of the UK government’s strategy with regard to legal and standards conformation post-Brexit, Downing Street has recently confirmed that it would not become a member of the EU’s forthcoming Unified Patent Court (UPC) and its associated unitary patent. The European Union is setting up the Unified Patent Court to act as a common, standardised court across all contracting Member States. The UPC would become part of each Member States judicial system, and it would have exclusive competence in respect of European patents and European patents with unitary effect. Until the current government came to power, the UK Intellectual Property Office (IPO) had previously stated that as the court will not be an EU institution, then the UK’s participation would not be affected by Brexit. However, the 2013 intergovernmental agreement which created the court provides for... Read More

  • A British couple who ended up losing their appeal following a claim against an architect (and former friend) over the free landscaping advice she provided are facing a huge legal bill for costs. Multi-millionaire couple Peter and Lynn Burgess say the planning and work that was carried out at the garden of their £5 million London home would have been finished more quickly and would also have been cheaper had they not followed her advice. The couple, Peter and Lynn Burgess , had originally accepted the advice from former friend Basia Lejonvarn after deciding that a quote from another professional landscape garden designer was too high. Following Ms Lejonvarns initial help, the Burgess’s then decided to hire different contractors to complete the work at a lower price. However, when this didn’t proceed to their satisfaction, the couple returned to Lejonvarns to finish... Read More