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Property Litigation ATE Insurance

Litigation insurance for property disputes is available to claimants and defendants alike

Why your clients need litigation insurance for property disputes

Property Litigation Insurance can be used for many kinds of commercial and residential property disputes.

We have considerable experience and expertise in property litigation and partner with a number of leading property litigators across the country.

Litigation insurance enables clients who have a legitimate concern about the risk of paying an opponent’s costs if their claim fails to take those cases forward in the knowledge that we have insured that risk. Litigation insurance is ideally suited to the needs of developers, lenders, commercial and residential landlords and tenants.

Property litigation case types

  • Adverse possession claims
  • Contract break notices
  • Dilapidations and repairs
  • Forfeiture of leases
  • Lease renewals and termination of leases
  • Nuisance
  • Overage disputes
  • Professional negligence relating to property
  • Property insolvency
  • Claims for rent arrears and possession
  • Rent reviews
  • Breaches of restrictive covenant
  • Easement disputes e.g. over rights of way and rights to light
  • Service charge disputes
  • Title disputes

The Temple Advantage for property disputes

Our experience of property litigation is considerable and our reputation for excellent service is second-to-none. The products we offer reflect our commitment to listening to our clients and providing litigation insurance that enables you to get the best outcomes for your clients.

  • Litigation insurance for property disputes is available to claimants and defendants alike
  • Both Damages and non-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 the court issue fee, expert reports and mediation without any risk to your client

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.

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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

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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

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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

Resources & Downloads

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

downloaddownload Commercial Solicitor Application Form downloaddownload Commercial Proposal Form
downloaddownload Commercial Disbursement Funding Guide downloaddownload Commercial Client Guide

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.

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Common FAQs

Some of the key questions about Property Litigation.

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.
Traditional legal expenses insurance is often known as Before-The-Event or ‘BTE’ cover. Litigation insurance for property 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 case. It is unique since the insurance policy is only entered into after a dispute has arisen.
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.
To apply for litigation insurance and disbursement funding on an individual case basis, please complete and send a Commercial Proposal Form to us – along with copies of the pertinent papers (e.g. pre-action correspondence, pleadings etc.). Please do contact us if you would like to speak with an underwriter before sending the case in to us.
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