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 firstname.lastname@example.org
Andy has worn many hats in the legal services sector for nearly thirty years and is our Senior Business Development Manager. Based in our Bristol office but working nationwide, Andy enjoys meeting existing and potential clients ready to discuss our ATE insurance and disbursement funding products.
He will listen to your requirements and work with you and liaise with our team to ensure we add value to your business – develop opportunities, overcoming obstacles and steering you in the right direction are Andy’s stock-in-trade.
Working predominantly in the Commercial Dispute Resolution team, Andy is also pleased to talk to you about our BTE Employment Protection Schemes plus our personal injury and clinical negligence ATE Insurance and disbursement funding products.
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