Insurance solutions to support your business in litigation and contingent risk scenarios
Litigation can be costly, complex and unpredictable. Whether you’re a funder, law firm, business or private claimant, our litigation and contingent risk insurance solutions give you the confidence to act, help protect capital and secure results.
We provide a suite of risk-transfer options, from adverse costs cover to judgment protection and funding support, all designed and brokered by a global team of litigation and insurance specialists.
Global reach, local support:
We place litigation risk insurance in the UK and the Channel Islands, EMEA, US, Canada, APAC and the Caribbean.
Specialist broker insight:
Our team includes former litigators, barristers, and specialist underwriters; colleagues from your areas of expertise.
Tailored risk architecture:
Single case or portfolio, pre-issue or post-judgment, we design fit-for-purpose cover that aligns to legal strategy, not insurer constraints.
Access to leading markets:
We only place with insurers rated A- or above (ratings from A.M. Best and Standard & Poor’s) to offer confidence in insurer financial security and claims.
The table below shows the solutions available through our dedicated team of litigation and contingent risk specialists. Each solution should be considered depending on specific demands and needs of your organisation.
| Solution | What it covers | Best for | Example case |
|---|---|---|---|
| After The Event (ATE) Insurance | Opponent’s legal costs if you lose | Claimants in litigation or arbitration | Company sues for breach of contract and wants to avoid adverse costs |
| Security for costs | Enhancement of ATE to satisfy court over security | Claimants facing challenge from Defendants | Defendant applies for security—the insurer’s enhanced policy satisfies the court |
| Capital Protection Insurance (CPI) | Own legal costs if claim(s) fails | Litigation funders or claimants self-funding | A funder invests £30m in a claim—CPI de-risks the potential loss of the capital |
| Judgment Preservation Insurance (JPI) | Loss of a favourable ruling on appeal | Claimants and Defendants post-trial | Claimant wins £20m at trial and wants to monetise early |
| Cross-Undertakings in Damages Insurance | Cross-undertakings in damages supporting interim injunctions | Claimants or Defendants seeking to enforce Interim injunctions | Claimant enforcing injunction as part of settlement strategy |
| Work-In-Progress (WIP) | Legal fees at risk under a Contingency arrangement | Law firms under CFAs (Conditional Fee Arrangements) or DBAs (Damages-Based Agreements) | A firm has £10m in WIP across 5 matters and wants partial protection |
| Arbitration Award Default | Non-payment of award by Sovereign | Multinational corporates or investors | A company wins ICSID (International Centre for Settlement of Investment Disputes) award against a State and wants enforcement certainty |
| Legal or Contingent Risk Insurance (also known as Litigation Buyout) | Any risk that can be evaluated for uncertainty | Large corporates or investors | M&A Buyer or Seller removes litigation risk in target company that threatens to undermine sale |
A law firm has a portfolio of claims and wishes to mitigate the adverse costs risk of such claims. An ATE portfolio wrapper is placed around these claims that cross-collateralises the individual risks and significantly reduces the cost of insurance for the client.
Defendant files a security-for-costs application requiring a large corporate claimant to pay £10m cash into court to continue its claim. The claimant purchases a £10m ATE policy containing an Anti-Avoidance Endorsement, which the court accepts as sufficient security, thus avoiding the need to tie up large cash deposits to continue the litigation.
A litigation funder backs 10 high-value claims across Europe. Using CPI, they lock in downside protection on £40m of capital, enabling more aggressive case selection and investor confidence in the portfolio.
A biotech firm wins a £22m IP infringement claim. Before appeal, they purchase JPI, then successfully securitise the insured judgment with a third-party investor.
To reach a fast settlement, an energy company seeks an interim injunction against a Defendant. To avoid posting cash as security, insurance is purchased that underwrites its cross-undertakings in damages.
A specialist law firm handles 12 class actions under CFAs. WIP Insurance allows them to expand case intake while managing partner distribution risk.
A mining company seeks an arbitration award against the State in which its mine is situated. Arbitration Default Insurance provides the company with certainty a successful claim will be paid, reducing its cost of funding when looking for investment in the matter.
A high-value but unmeritorious claim has been threatened against a target company causing the buyer to walk away from the purchase of the target. The seller could consider purchasing Litigation Buy-Out Insurance by allaying this remote litigation risk and allowing the transaction to complete.
Speak with our team to assess which solution best fits your case profile, jurisdiction, and funding structure.
