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Property and Real Estate Litigation

Property litigation is a fairly high volume sector for TheJudge and one which in the current climate looks set to continue. Our specialist broking team are experienced in broking risk transfer tools for claims arising from:

Dilapidations
Landlord and tenant
Rights of way, easement and boundary disputes
Cases brought before the Lands Tribunal
Professional negligence cases involving professions such as architects, surveyors & lawyers (see also professional negligence)
Construction disputes
Licensing disputes
Insurance disputes relating to a property

The above is a non-exhaustive list. Whatever the nature of your property dispute, we are confident that we can help.

Our referring clients in this sector are diverse, ranging from civil litigants, property developers, to lending banks.

With disputes involving land, quite often the remedy is not wholly financial. Accordingly, there is normally a fair degree of negotiation required in order to appropriately define success and, in the case of a third party funder, establishing how they will be remunerated in the event of a win outcome.

Whether the client needs litigation insurance to insure their adverse cost exposure, own disbursements and possibly own side solicitors fees, we access the leading ATE insurers who will consider such specialist cases. In addition, should a client require third party funding to manage all or part of the interim cash flow in the litigation, we also access the market of leading third party funders.

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.