Competition law disputes insurance

The requirement for competition law disputes insurance is on the increase. Competition claims are inevitably complex, often highly technical and can require high levels of indemnity.

Our litigation insurance provides that protection and gives the client and those representing them the security and space within which to focus on the best possible outcome.
No sensible litigant will embark on a competition claim without Litigation Insurance. Hedging the risk of a loss or the costs consequences of not beating an offer to settle is essential.
It helps to have counsel’s opinion in these cases but it is not essential early in the life of a claim. Expert’s reports, in particular when dealing with quantum, are important to enable us to understand the case and its potential value.
Of greatest importance is the solicitor’s summary of the case and his or her assessment of the merits.

Competition Case Types:

Claims for damages as a result of a cartel fixing prices
Claims for damages as a result of an abuse of a dominant position

The Temple Advantage

Our experience of competition law cases is growing and our reputation for excellent service is second-to-none. The products we offer reflect our commitment to listening to our clients and providing the most effective insurance to enable clients to get the best outcomes.

Litigation insurance for competition disputes is available to claimants and defendants alike
Damages claims can be insured
No upfront cost of obtaining litigation insurance – and also we do not charge an assessment fee
Payment of the premium is deferred until the conclusion of the case and is contingent on a successful outcome.
Insured clients will have access to disbursement funding from Temple Funding, a subsidiary of Temple Legal Protection. This can be used to fund, without risk to our client, the court issue fee, expert reports and mediation.

Ready To Take The Next Step?

Check your case in 48 hours. The Temple Case Checker (TCC) is a fast, free, no-commitment service for commercial litigators.

Try before you buy: Get an expert opinion on insurability without a full proposal form.
Rapid Response: We provide an initial indication of terms within 2 business days.
Zero Cost: Save your billable time and your client’s money.

Check your case in 48 hours

Bespoke Underwriting

For complex cases, our experienced team provides quick, commercial decisions to get your funding in place.

Chartered Excellence

As a Corporate Chartered Underwriting Agent, we operate to the highest professional and ethical standards in the UK.

A-Rated Security

Backed by Intact Insurance UK Limited, providing global financial strength for your peace of mind.

Temple Legal are brilliant. Jamela and her team have a deep understanding of litigation and legal risk. They are responsive to client requirements throughout and have developed a user-friendly platform for case updates.

Securing ATE insurance cover from Temple Legal provides enormous comfort to libel defendants. It is a key factor in their decision to defend claims against them as it insulates them from the risk of paying opponents’ legal costs.

We look forward to working with Temple Legal again soon.

David RomainEgality Law LLP

We and our clients have used Temple for ATE insurance on many occasions. Most recently we acted for a liquidator pursuing claims to recover assets for the liquidation estate. After lengthy and heavily contested litigation, ultimately settlement was achieved at mediation. That settlement was only possible with the assistance of Temple’s direct, pragmatic and commercial approach. This was much appreciated by both us and the client.

Matthew KellyFreeths Solicitors

Wilson Browne Solicitors have a long-standing arrangement with Temple Legal Protection to provide litigation insurance cover for our property litigation clients. It is extremely straightforward to use, the policy quite simply works and it is comforting for clients to have the option of disbursement funding in addition. All in all the whole thing is a bit of a ‘no-brainer’, especially for clients who are naturally concerned about the financial risks when undertaking litigation. Once in place the policy gives both us and clients great peace of mind: it allows us to get on and deliver on our promise of being “all the help you need.

Kevin RogersWilson Browne Solicitors

Resources & Downloads

Access the technical documents and application forms you need to secure ATE insurance and disbursement funding for your clients

Commercial Client Guide Commercial Proposal Form

Commercial Disbursement Funding Guide Commercial Solicitor Application Form

Ready to protect your litigation?

Our specialist commercial underwriters are ready to review your case or discuss a delegated authority scheme for your firm today.

Prefer to reach out directly?

01483 577877

Common FAQs

Some of the key questions about competition law disputes.

How does Litigation Insurance for competition law disputes work?

Traditional legal expenses insurance is often known as Before-The-Event or ‘BTE’ cover. Litigation insurance for competition law disputes used by solicitors is commonly known as After-The-Event or ATE insurance. The latter is the technically correct term but your clients may better understand ‘litigation insurance’. Whichever terminology you prefer, it is a bespoke policy put in place with the specific objective of protecting your client from having to pay the opponent’s costs and their own disbursements if they lose their competition claim.

Is the client liable to pay Insurance Premium Tax (IPT) if they or the relevant company is not based in the UK?

IPT is paid by clients based in the UK at a rate set by the UK government. IPT is also paid by clients based elsewhere in the EU and the European Economic Area (“EEA”). Different rates are set by each member state. No IPT is payable by clients based outside the EU or the EEA. When you ask us to consider insuring a case, do let us know if the client seeking insurance is based outside the UK.

Do you want Counsel’s opinion and quantum reports?

We would encourage you to propose cases to us at the outset without a Counsel’s opinion, since it is not a pre-requisite. Ideally, we would like a case summary from you – to include the background facts of the case, the strengths and weaknesses of the case, how any weaknesses might be overcome, and your overall view of the merits.

Does litigation insurance for property litigation just cover the other side’s costs?

Whilst the main function is to pay the other sides legal bill on behalf of the client in the event that their legal action has failed it can also cover other costs of the dispute. For example, litigation insurance can also pay one’s own disbursements that have been incurred as a result of having to pursue the case such as Court fees and expert fees. This means that more than just the risk of paying the other sides fees can be offset. Our litigation insurance also covers adverse costs orders in respect of interim applications.

At what point is the litigation insurance policy purchased?

The litigation insurance policy is purchased after a legal dispute arises. The best time to send a case to us is as soon as you have been able to adequately assess the merits of the claim. Usually, this is after your investigation and the pre-action correspondence has been completed, and before proceedings are issued. However, cases can be referred to us at any stage.