Our Services

TheJudge is a total solutions broker.

“Our objective is to hedge as much of the client’s cost risk as required, as competitively as possible and always with a view to maximising the client’s net recovery.”  - James Delaney, Director.

We work with the leading ATE Litigation Insurers and Third Party Funders in order to ensure that we can source the right solution for the client at a competitive price.

We are regularly instructed by global top 100 law firms in addition to leading regional commercial dispute resolution teams.

We are passionate about customer service and are delighted that most solicitors and their clients come to us by recommendation. But you don’t have to take our word for it – please see our Testimonials page to review comments made by a number of the leading law firms with whom we work.

At TheJudge, we strongly believe that arranging After the Event Insurance and/or Third Party Funding on a one off basis is only the beginning of our service to you. We also provide on-going support and guidance throughout the litigation not only in dealing with ATE underwriters and Third Party Funders but also in assisting with ATE premium recoverability (where the case is litigated in England & Wales). We have an unrivalled pedigree for assisting clients seeking to recover the insurance premium as a result of over a decade of experience doing just that alongside lawyers and costs draftsman.

International Disputes

Whilst the origins of TheJudge were founded in hedging legal costs for disputes in England and Wales, TheJudge is now frequently engaged to secure risk transfer solutions for clients litigating throughout the world’s major financial centres.  We have arranged packages for clients litigating in the US, Singapore, Hong Kong, Australia, Russia, Canada, France, Germany, Sweden and many more.

The available insurance/funding markets can vary depending on the jurisdiction, type of case and applicable laws.  Our specialist team is experienced in quickly sourcing the appropriate insurance and/or funding markets for the case in question.  In many instances we have broken new ground in the placement of insurance coverage for cases emanating from jurisdictions with little or no local litigation risk transfer market.

Arbitrations

With the increased application of arbitration clauses within mainstream contracts between international companies, much of our international work is based on hedging legal costs for cases which are being arbitrated in the ICC and through other institutional arbitrations. We can also assist in ad hoc arbitrations provided the arbitration is being held in one of the world’s recognised leading arbitration centres including London, Paris, New York, Singapore and Stockholm amongst others. We have also supported foreign investors in bi-lateral investment treaty claims against sovereign states in ICSID and in arbitrations heard at various centres around the world under UNCITRAL rules.

Defendant Outcome Hedging

LCI (sometimes known as ‘outcome hedging’) is typically used by Defendants and serves to reduce the liability attached to ongoing or potential litigation. The insurance can cover both damages and/or legal costs and can be arranged around a single large dispute, or a large volume of smaller claims.

The key feature of the insurance will be the policyholder’s retained element of risk (‘Excess’ or ‘Retention’). Essentially, in exchange for a premium (which unlike ATE insurance is usually payable upfront), the insurer will cover any liability incurred over the Excess amount, up to an agreed limit of liability. LCI therefore caps a policyholder’s liability at a certain level, rather than removing the liability entirely.

LCI is most commonly used in the context of mergers and acquisitions, where pending or ongoing litigation would otherwise represent a barrier to completion of the transaction. LCI can however be used in many different contexts, although it is predominantly of relevance to large risks. TheJudge is involved in some of the largest placements in this specialist area with indemnities exceeding $40m.

Portfolio Solutions for Law firms and their clients

In addition to arranging litigation insurance and funding for individual cases, TheJudge also specialises in providing cutting edge portfolio solutions for law firms and their large commercial clients.

Whether arranging a niche solution for an intellectual property department; a structure for a bank pursuing a large volume of claims against surveryors for negligent asset valuation or a global facility for an entire dispute resolution team across the spectrum of litigation, we are leaders in the field of identifying and negotiating suitable solutions, which can provide certainty as to the availability of insurance and/or funding for all cases meeting agreed criteria.

Unlike any insurers or funders promoting such services directly with isolated products, we recognise that in reality there is rarely a “one size fits all” solution. Accordingly, many of the tailored facilities we arrange, in particular for law firms, include multiple insurers and/or funders supporting the facility, each bringing unique features to ensure that the solution meets the varied needs of the firm and their clients.

We are equally alive to the dangers of a law firm aligning itself with an individual insurance and/or funding market, which approached incorrectly, can potentially prejudice a client’s position. We are adept at navigating often quite obscure obstacles, which are rarely, if ever, highlighted by insurers and funders directly.

Training Services

As well as speaking at a variety of national legal conferences, TheJudge regularly provides bespoke seminars for individual law firms to bring fee earners up to speed about the range of options that exist for clients, recent market or legal developments and the issues to be mindful of when considering litigation insurance and funding. These sessions can be tailored to the law firm’s or department’s needs and focus on particular areas of interest.

We are an SRA authorised external training provider and can provide CPD accreditation for any seminar attended.

Such training sessions are usually undertaken at the law firm’s premises, but we can host sessions at our London offices on Fenchurch Street if necessary. Please contact us to arrange a training session.