Legal Expenses Insurance and Litigation Funding

Legal Expenses Insurance and Litigation Funding mitigate the financial risk of pursuing credible pieces of litigation and arbitration. These solutions cover your own  legal fees and adverse costs in the event of the final judgment or award going against you.
 

Howden’s specialist Restructuring & Resolution team includes experienced solicitors and former underwriters – our strong experience and deep insight enables us to create a rounded, compelling presentation to the markets. 

We enjoy strong relationships with specialist insurers and litigation funders that provide us with an overarching view of this complex and ever-changing marketplace.

Our unique position allows us to tailor arrangements that, where appropriate, dovetail insurance and funding together and enable law firms to concentrate on successfully concluding disputes in a variety of jurisdictions. 

Litigation risk solutions  


1.  After the Event (ATE) insurance
After the Event (ATE) covers the insured’s legal liability to pay the defendant’s costs in the event of an adverse judgment and subsequent cost award. Cover can also be sourced for own disbursements. Where the required cover runs into the millions, we are able to structure coinsurance utilising multiple insurers.   

2.  Security for Costs
We are able to work with insurers to assist in delivering non-avoidable policy endorsements or deeds of indemnity that are acceptable to the other side and the courts. 

3.  Own Fees Cover 
Where the client has chosen to finance some or all of their own legal costs, we are able to arrange insurance that reimburses some  of those expenses, should the litigation or arbitration prove unsuccessful. 

4.  Contingency Fee Insurance
When law firms undertake litigation or arbitration with all or some of their fees “at risk” (e.g. on a CFA, DBA or deferred fee basis), we are able to assist in arranging insurance to the value of the firm’s WIP.  

5. Cross Undertakings In Damages 
When there is a concern that your opponent will look to dissipate funds or assets, interim injunctions need to be put in place urgently. There is not always time to fully evaluate the circumstances. We are able to arrange a policy that covers damages and costs awarded against the policyholder in the event the injunction was granted erroneously. 

6. Third-Party Litigation Funding
Third party litigation funding is a non-recourse financial agreement whereby a party unconnected to a dispute offers to fund all or some of a party's fees (usually the claimant) in exchange for a share of the damages recovered. We work with a range of leading funders that allow us to introduce a case to an agreed panel, which in turn creates competition in meeting the clients’ unique requirements. 

7. Judgment Enforcement
Obtaining a judgment in your favour may not be the end of the problem: the enforcement process can be a long and costly one. We work closely with specialist funders who can finance the enforcement process in return for a share in the recovery. It may also be possible for these funders to monetise the award. 

8. Arbitration Award Default Insurance
Following a successful arbitration against a sovereign state, inability or unwillingness to pay is a very real issue. We are able to arrange a policy that protects the claimant against this non-payment. Typically, the policy will respond to pay a portion of the amount after a certain period of non-payment and up to the limit of agreed cover. 

The Howden approach  

Review
With experienced solicitors and former underwriters in the team, we understand what insurers want to see when deciding whether to take on a risk. With every case, we review the available papers and draft a bespoke presentation. We take time to understand the risk profile of the dispute on a case-by-case basis and work closely with clients and their law firm to best present their case to the insurance market. 

Advise
We’ll source multiple quotations, advising on the specific terms and conditions of the policies available to you, comparing key terms and addressing any issues. As a full market broker, we're also able to leverage market competition and drive down the associated costs. We're keen to put our name next to the solutions we present and provide clients with a comprehensive letter of recommendation advising them on the most suitable option for their dispute. 

Assist 
Simply obtaining the finance or placing the case with an insurance carrier is not the end of the job. We have a wealth of experience in case management, ensuring continued assistance from the inception of the insurance policy or funding agreement, all the way through to the conclusion of the legal action. 

Howden are able to provide you peace of mind. Support will be available should any issues arise during the case, assisting in ensuring the conditions of the relevant agreement are adhered to. Our remuneration depends on the success of the dispute and therefore ensures that our mutual interests remain fully aligned throughout the lifespan of the case.  
 

Who is the cover with?

These cases are typically viewed as individual risks, and as such, we take them to the open market every time. We only work with insurers who are financially stable with a strong client base and reputation in the sector.

Meet the team

Photo of Ed Brittain

Ed

Ed Brittain

Executive Director
Photo of Julia Mahoney

Julia

Julia Mahoney

Divisional Director
Photo of Katie Armstrong

Katie

Katie Armstrong

Client Development Director
Photo of Rhys Williams

Rhys

Rhys Williams

Associate Director
Photo of Hannah Downie

Hannah

Hannah Downie

Senior Case Manager

Get in touch

Let's talk...

+44 (0)20 7623 3806

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What to do if you are experiencing financial difficulties

We recognise that the current economic conditions are putting pressure on many households and businesses. At Howden, we are committed to finding ways to assist our customers who may require additional support during these times.

If you’re currently facing financial difficulty, please speak to us about your insurance policies by:-

-contacting your Howden Service Team; 
-calling Howden on 020 7623 3806;
-using the Enquiry form.

Restructuring and resolution knowledge hub

Explore our latest thought leadership pieces and gain valuable insight into the world of restructuring and resolution

LRM Q&A Ben Knowles

Litigation risk management Q&A series

In this Q&A series we spoke to the leading legal experts, delving into the realm of litigation funding and insurance, offering innovative solutions for clients and law firms alike to navigate the complex landscape of litigation. Each video unpacks invaluable insights, guiding you through the process of unlocking disputes while effectively mitigating associated cost risks.

Listen to the experts

In this three-part series on litigation risk management, we spoke to the market experts on how clients considering or involved in a dispute can manage the associated risks using insurance and finance-backed solutions.

 

Fortune Favours The Brave podcast

Fortune Favours The Brave (FFTB) is an insurance podcast powered by Howden Insurance Brokers. In each episode, we speak to industry experts and business leaders about a topical insurance challenge, sharing our exclusive insights and experiences of how businesses can harness the associated risks to their advantage and better service their clients.

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