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Straightforward Facts That Means Peace of Mind for Your Litigation Funding

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By Matthew Best – Senior Underwriting Manager

(Estimated reading time: 5 minute 6 seconds)

You may well have seen the recent news about litigation funding in recent weeks. One of my former colleagues once said that he believes that finding the right funding partner at the right time enables you and your client to share risk effectively.

I think that this is still so very true, especially considering the news that two large litigation funders have exited the market. This may have resulted in unease regarding litigation funding and disbursement funding solutions currently in the market.

With that in mind, let’s look at some of the options currently in the market;

  • On balance sheet lending can be a burden particularly when a successful case can take years to reach a conclusion.
  • Medical agencies often only allow deferment at an additional cost for an agreed term. If the case has not been settled within the deferment period, you still must fund disbursements until conclusion of the case. This is a very costly exercise.

Consumer Credit Agreements (CCA’s) – this is the solution Temple Funding offers. CCA’s are said to add an additional layer of complication to the discussions with clients.

This is a myth. The process is as complicated as you make it. We work with many leading UK law firms who find the process both streamlined and straightforward. This is because Temple Funding is constantly reviewing the processes involved to simply it even further.

Don’t just take my word for it though, James King at Goodlaw Solicitors provided some key feedback on this recently;

“Having worked with Temple Legal Protection for many years in connection with our busy clinical negligence practice, it was only natural that we would look to Temple for our client’s disbursement funding needs. Since signing up, we have been able to grow our clinical negligence practice with confidence. The facility itself, and drawing down funds, is an example of simplicity.

 With the straightforward online interface provided by Temple, clients and firms alike can be sure that funds are received within a matter of a few hours allowing fee earners to get on with progressing their cases. Finally, as a business owner, the facility provided by Temple offers security for the firm going forward and adds value to the service we give to our clients.”

  • Accrual of interest may also be of concern when it comes to a CCA solution. It doesn’t have to be, and it is important to question if another provider says their solution is free of interest. ATE premiums can be inflated in order to access that particular facility.
  • To me this is simply ‘disguised’ interest. Other providers may charge tapered administration fees at the end of successful cases, which to me is also disguising interest.

 Also consider what other services your law firm is being tied into? It could be pagination services, medical agencies and reporting requirements – so be aware before you sign up.

With that in mind, with Temple this what you will not be required to do.

  • We do not tie you in with any service providers. Anybody that has ever spoken to me will know that Temple does not impose such shackles. You are the experts in law, you know your experts. I am a firm believer that if Temple has offered you one of its facilities, trust has formed. Quite simply, we let you get on with running your cases.

My next question is ‘Are you actually being offered complete and full delegated authority?’

On this, I can categorically assure you that Temple does, but here’s some more thing you don’t have to do with a Temple ATE insurance scheme. We –

  • Do not require you to obtain approval for non-medical disbursements over a certain value;
  • Do not require you to obtain authority to issue proceedings (or protective proceedings);
  • Do not require you to obtain authority to reject a Part 36 offer;
  • Do not require you to obtain approval to continue when disbursements reach £10,000.

Our disbursement funding solution is always coupled with market-leading ATE insurance from Temple Legal Protection (backed by our partner, RSA a UK based “A-rated” insurance capacity provider) which fully indemnifies our funding provision.

  • Click here to find out more about Temple Disbursement Funding for Clinical Negligence and Serious Personal Injury claims
  • Click here for the Temple Funding advantage for Clinical Negligence and Serious Personal Injury claims.
  • Click here to read about our partnerships in responsible funding

To sum up, we offer a hassle free, transparent solution to both your ATE and disbursement funding needs. If we collaborate well together then we stand to place your clients in the best possible position towards their access to justice.

If you have any questions on this, or want to learn more, please do contact me on 01483 514804 or via email at matthew.best@temple-legal.co.uk.

Matthew Best

Senior Underwriting Manager
Read articles by Matthew Best

Matthew Best

Matt has an insurance background and joined Temple in July 2011 having worked for 4 years in a leading insurance company where he was dealing with personal injury work.

Matt’s experience allows him to undertake a key role in Temple’s ATE insurance personal injury and clinical negligence teams. He also participates in the assessments of delegated schemes that Temple provide with the objective of helping our customers make the most beneficial and appropriate use of ATE insurance.

He has started studying for this CII exams which he will sit in the near future, which he will then use to develop himself, further into the company in order to provide Temple’s customers with the excellent service they expect.

 

Read articles by Matthew Best