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Civil Contract Litigation

Since our incorporation nearly ten years ago, TheJudge has secured After the Event insurance for the full range of civil contract disputes. Whether the dispute is brought by an individual against a financial institution, trade supplier, insurance company or another third party, we have undoubtedly handled similar cases previously.

Our specialist risk transfer broking team will know which litigation insurers and/or Third Party Funders to approach, what can be negotiated and above all, provide impartial guidance throughout the whole process.

We recognise that for many civil litigants, the cost of litigating can appear prohibitive. Fortunately, help is at hand. Provided that underwriters agree that the case is likely to succeed, it is highly probable that the team at TheJudge will be able to secure ATE insurance offers on a deferred and self-insured premium basis. This means that a client can typically insure the adverse cost risk, as well as insuring their own disbursements (including Counsel’s fees), at no upfront cost and at no cost at all if the case is unsuccessful. Should the case succeed, the premium should be recoverable from other side, along with the legal costs. Whilst conditional fee agreements (CFAs) are commonplace in this type of litigation, it is by no means a prerequisite to have a CFA in place to secure offers of litigation insurance or Third Party Funding.

To make an application for litigation insurance and or Third Party Funding in respect of your civil contract dispute click here.

To discuss your specific case, please contact us.

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.