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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

  • Two major dispute resolution organisations are behind this new, low-cost solution: The Chartered Institute of Arbitrators (CIArb) and the Centre for Effective Dispute Resolution (CEDR). With many courts anticipating a big increase in demand for COVID-19 related commercial litigation, the two organisations have established a value-focussed, fixed cost service for disputes over monetary amounts between £5,000 and £250,000. The online resource offers facilitated negotiation, low-cost arbitration and mediation, and companies can proceed with or without a lawyer. The online resource offers facilitated negotiation, low-cost arbitration and mediation, and companies can proceed with or without a lawyer. With group of senior retired judges recently stating that international courts and arbitral tribunals need a ‘breathing space’ if they are not to be overwhelmed, this new service should be warmly received in many quarters. CIArb Director General Catherine Dixon commented: Ensuring everyone has access to... Read More

  • A recent announcement in the House of Commons may lead to venues such as sports halls and hotel conference rooms being used as temporary court rooms should there be a backlog of claims and cases following the COVID-19 coronavirus lockdown. In England and Wales there are already over 1,400 cases waiting for dates at both the Crown court and magistrates court, a number that increases to grow week by week. Presenting a range of solutions to Parliament designed to address any backlog, Lord Chief Justice Lord Burnett of Maldon said that subject to the appropriate social distancing requirements being in place and ‘with a bit of luck’, all courts should be in a position to re-open by the end of June. However, with current courts likely to struggle with demand, he suggested that temporary venues could be used in the short... Read More

  • In a claim filed at a court in New York City, USA last month, software giant Microsoft is facing legal action over alleged unauthorised use of professional photographers’ images. The images in question were taken by American photographer Matilde Gattoni and appeared in an article titled 'These are the women leading China’s wine revolution’. The article was published both on the Wall Street Journal website and on the MSN website, owned by Microsoft. The MSN article also featured a Washington Post header, an indication that it was a syndicated article. The images had also been used and published at the end of 2018. Currently based in Barcelona, Spain, Gattoni is a French-Italian photographer who specialises in covering global social, environmental and human rights issues. The well-travelled professional is claiming that her photographs were used in the MSN article without proper licence... Read More