"Our specialist team independently source competitive insurance policies from global insurance markets in order to reduce the litigation risk to the client."

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Banking and Finance Litigation

At TheJudge, we have brokered risk transfer solutions for numerous banking and financial disputes. Acting for large blue chip banks, hedge funds, private investors and banking clients, we have successfully arranged litigation insurance and Third Party Funding accross a broad range of litigation in the financial services sector.

We take the same approach for blue chip clients as we do for impecunious clients - our aim is simply to secure competitive terms with comprehensive coverage to enable clients to hedge as much of the litigation cost risk as they require at a competitive cost.

Whether inter-bank disputes or actions against banks, hedge funds, auditors and other financial services companies, we access all the leading risk transfer insurers and funders in order to ensure that our clients obtain choice and competitive terms. Whether a client requires £100,000 of indemnity for legal costs, or over £20m, we know which markets to approach and how best to negotiate suitable terms.

To discuss your banking and finance case, please contact .(JavaScript must be enabled to view this email address) or .(JavaScript must be enabled to view this email address).

Q and A

How does the ATE Premium Work?

Although ATE premiums vary significantly, there are certain common features:

The premiums brokered through TheJudge are generally deferred and contingent upon success, meaning that the premium is only payable if and when the dispute is resolved in the client’s favour.
TheJudge is typically able to negotiate premiums which increase the closer the case gets to Trial or which are discounted significantly if the case settles early.
For litigation pursued in England and Wales, the ATE premium is a recoverable cost under s.29 Access to Justice Act 1999, subject to a test of reasonableness.

Is ATE only relevant to financially distressed litigants?

ATE is relevant to any party involved in or contemplating litigation. Whilst it can be used to level the playing fields between unevenly matched opponents, many of the world’s largest companies also regularly use ATE to hedge their legal cost exposure and bring increased certainty to the legal spend, especially at a time when legal budgets are under pressure.

Does the instructed solicitor need to act on a CFA in order to secure insurance for the client?

There is no requirement to act on a conditional/contingency fee basis.

What is the role of TheJudge?

As an independent broker, it is our role to work for the client in sourcing and negotiating suitable insurance. To do this, we identify and approach a number of potentially suitable markets. Our aim is to obtain several offers where possible, which is important to increase the chances of securing terms, whilst ensuring that any premium incurred is competitive.

For cases being litigated in England & Wales, our market search is vital to provide evidence of market comparables, should the reasonableness of the premium be challenged by the opponent at a costs assessment. We are market leaders in providing premium recoverability support and have had our evidence accepted at numerous costs assessments, including SCCO hearings.