After The Event Litigation Insurance Is Usually Tailored To Your Needs

21st April 2010

First and foremost an after the event ligitation

policy covers the opponent’s costs and own disbursements in civil

litigation cases across a wide spectrum of categories of case. It can be purchased for nearly all areas of

litigation and is frequently used in both civil and commercial disputes. This

type of insurance is usually purchased for cases requiring modest limits of

indemnity, through to big ticket, heavyweight litigation requiring over

millions of pounds of cover for legal costs. Each case is usually individually

assessed within the category of case involved and cases with stronger merits

may also attract lower premiums. In some case, if the client is

unsuccessful and there is a claim on the policy, the cost of the premium forms

part of the claim so that your client does not have to pay. This can be quite a

useful negotiating tool once the opponent knows insurance is in place.

1. After

the event ligitation insurance companies are quite capable of handling the most

diverse range of commercial disputes. It helps you to unlock

litigation which may otherwise not be pursued because of the risk of losing a

case and having to pay the opponent’s costs. Premiums are usually recoverable

and proportionate to the risks in the case.

2. This

type of insurance may cover contractual disputes, landlord and tenant and

property disputes, copyright and intellectual property disputes, banking and

financial disputes, partnership disputes, clinical negligence (specialist and

separate policy for this area), professional negligence, commercial agency

disputes, insolvency related cases and a whole lot more.

3. After the

event litigation insurance policies usually involve individual cases which require individual bespoke policies, shchemes as

well as big risks which require a different approach. The standard cover is for

costs incurred after the inception date of the policy up to conclusion of the

legal action, however (subject to negotiation) the policy may also cover costs

already incurred prior to the policy being taken out. There is

usually no upfront premium payment.

4. It also covers the client or insured against what

could prove to be substantial costs that the client or insured will be liable

for should the legal action prove unsuccessful.


Along with recovering your costs and disbursements, the premium can be

recovered from the unsuccessful opponent.

After the

event litigation insurance companies can provide you with intelligent support

and decisions throughout the life of the policy, allowing you to focus on the

litigation.  This would help to protect a solicitor’s client (usually the claimant,

but it could be the defendant in a legal action) when or after that person or

entity becomes aware of the need to litigate to protect their interests. This

type of insurance is taken out once legal proceedings are

contemplated and would give you a strong offering to bring in new clients which

would otherwise be wary of pursuing litigation.  The insurance will

indemnify the insured’s own disbursements and his opponent’s costs and

disbursements in the event that the legal action is ultimately discontinued or

lost at trial.