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‘What you Really, Really Want’ from Commercial Dispute Resolution Litigation Funding?

brain in a lightbulb

By Andy Lyalle, Senior Business Development Manager

(Estimated reading time: 3 minutes, 9 seconds)

I speak to many solicitors (not in the flesh for about a year or so) but during this time Zoom, Teams and a ‘phone have enabled me to make and maintain contact with existing and prospective solicitor partners; in particular to ask them what it is they want – what they really, really want from litigation funding for their commercial dispute resolution clients and cases. 

The answer was not “Ziggazig ah” and they did not “go wasting my precious time” but they gave me some very good feedback which I share with you below.

1. ‘With several litigation funding providers it can be difficult to see exactly what is being provided and at what cost.’ At Temple we try to keep things as simple, transparent and straightforward as possible.

2. ‘We as solicitor know the case and the client best so they would like to get on with it.’ We give full delegated authority to our coverholders so that you can embark on a case and run it without our prior authority and issue proceedings, incur disbursements, reject an offer of settlement or proceed to trial as you see fit.

3. ‘We want competitive pricing but we do not want to lose our freedom of choice to instruct our own experts or have an extra cost built into the insurance premium or funding and ultimately passed on to the client.’ We agree.

4. ‘We would like the litigation/ATE insurance premium and disbursement funding to be fully deferred until case completion and, if the case is unsuccessful, know that the client does not pay anything.’ This is the position at Temple.

5. ‘We would like to have a quick process for the litigation insurance and disbursement funding. Dealing with separate insurers and funders can lead to delays and different views on a case between insurance underwriters and funders investment committees.’  At Temple you will be dealing with litigation insurance and disbursement funding (‘all under the same roof’ and where ‘two become one’…); your client gets automatic access to our disbursement funding facility once they have taken out the insurance policy.

We think this is particularly important in the current uncertain financial climate.  Clients are wary of committing their money to a case without insurance in case it goes wrong but also find the built-in disbursement funding option attractive, even if they have the funds available themselves.

6. ‘There is a variety of interest rates depending on which type of case we are looking to source disbursement funding for.’ We pride ourselves on tailoring a bespoke insurance solution but the interest rate for our disbursement funding is 10% whatever the case and this does not affect the size of the ATE insurance premium.

7. ‘We work with Temple because we can approach an underwriter directly and discuss a case in advance of putting in a proposal.’ Our team includes solicitors, barristers and insurance experts; alongside that we’ll give you a non-binding indicative premium price to take back to your client and discuss.

8. ‘We are concerned about minimum volumes and only certain commercial areas being entertained.’ Temple will happily look at bespoke, one-off cases and there is very little that we do not have an appetite for – experience counts.

And here’s two more from us

9. If you have a delegated authority coverholder scheme with Temple, the TOPS online policy system is straightforward and allows firms to issue policies, request funding and make claims.

10. Temple is FCA regulated and our litigation insurance is A Rated. Peace of mind as some solicitors became nervous after the recent demise of an insurance provider.

The above wish list is the result of my discussions with many commercial dispute practitioners.  Some were Posh, some Sporty, some Scary, a couple of Gingers and many younger than me but not a Baby…  If your provider is not providing the above wish list please contact me on 07936 903767 or via email to andy.lyalle@temple-legal.co.uk

Andy Lyalle

Andy Lyalle

Senior Business Development Manager
Read articles by Andy Lyalle

Andy Lyalle

Andy has worked in Legal Services for Twenty Five Years. After obtaining a 2:1 Law Degree and a Distinction in The Legal Practice Course he embarked upon an in house career at RAC Legal Services in Bristol. During this fourteen year period Andy was a Legal Advisor for four years and Legal Network Manager for ten years. A role which he developed and made his own. This was a hybrid role that involved technical legal work and also business and relationship management. He achieved the RAC Chairman’s Award in 2001 for “sales excellence” and has a star named after him as a result!

During the above period Andy managed a large panel of external solicitors and the work that RAC Legal Services processed on behalf of thousands of RAC Members and BTE LEI clients. Predominantly this work was personal injury but he also managed a panel of criminal law barristers chambers who represented RAC members and policy holders. He also managed the BTE claims which involved commercial and dispute resolution claims which involved a large number of employment cases. Andy managed a large costs centre and profit centre during his time at RAC and was also involved in the development of its high profile in house practice. He also designed and implemented a BTE LEI policy for RAC Members and an ATE Insurance policy which panel solicitors could use for their clients under a collective conditional fee agreement.

Following the acquisition of RAC by Aviva in 2005 Andy remained to work with both organisations for another three years. He then decided to move into business development completely in early 2009. His first two and a half years were at Temple Legal Protection whereby he added many solicitor clients to the business working across the personal injury, clinical negligence, commercial and employment departments. Following this excellent and successful experience Andy set up his own consultancy business which enabled him to work with many legal providers and solicitors including cost drafting companies, medical agencies, litigation/disbursement funders, claims management companies and solicitors firms. He also put together a panel of solicitors for the first real time legal services aggregator platform on line.

After wearing many hats Andy was attracted to becoming part of a team again at a legal services provider with an excellent brand, team, reputation and product offering. Temple ticked all of these boxes and he is delighted to be back as Senior Business Development Manager. Based in our Bristol office but working Nationwide Andy enjoys meeting our existing and potential clients. He will listen to your requirements and work with you and our team to make sure that we add value to your business. His attitude is to find ways of making things happen and work successfully as opposed to discovering obstacles. Working predominantly in the Commercial Dispute Resolution team he will be pleased to hear from you to discuss our ATE Insurance and Funding products which are all under one roof. He will also be pleased to talk to you about our BTE Employment Protection Schemes and Personal Injury and Clinical Negligence ATE Insurance and Funding products and steer you in the right direction.

 

Read articles by Andy Lyalle