Class Action and Group Litigation

At TheJudge, we have secured ATE insurance for a number of the group litigation orders listed in recent years, in addition to other mass claims litigation. A number of these cases have required cover for over £5m of legal fees.

Securing terms for mass claim actions is not necessarily straightforward and it is not always a question of price - policies can vary enormously in the scope of cover afforded. In many cases that we have been involved in, we have helped to negotiate unprecedented terms, vastly beyond those that the underwriters were originally prepared to offer.

Where a case involves a large number of clients, it is not always possible to have as much personal contact with each member of the group as perhaps the firm would like. Accordingly, many firms like the comfort of being able to advise their clients that they are working with the leading risk transfer broker to secure competitive terms to manage their cost risk, rather than running the chance of dealing directly with individual insurers or funders.

With class actions in particular, we strongly advise clients to consider more than one option. Negotiating suitable terms for class action litigation can take time. We have seen examples of situations where either insurers or funders have decided not to offer formal (or suitable) terms, despite months of negotiating. At TheJudge, wherever possible we seek to broker to multiple markets simultaneously, so if negotiations break down with one market, invaluable time and cost will not be lost.

Whether the class action relates to competition law (both at first instance and follow-on claims), shareholder actions, product liability or mass civil litigation, we deal with all of the leading ATE insurers and third party funders and provide clients with the comfort that they are receiving impartial advice at every stage.

It is highly likely that if we are able to secure offers of ATE insurance and or Third Party Funding for your Class/Group litigation dispute, the terms will be on the basis of deferred and contingent upon success payments, meaning that neither insurers nor funders earn a penny if the case is unsuccessful. With ATE insurance, if the case succeeds the premium ought to form a recoverable part of legal costs, where the case is litigated in England & Wales.

To discuss your Class or Group Action case please contact Matthew Amey or James Delaney on 01903 23 22 55

If you are ready to make an application please click here to download an application form.