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Property litigation insurance – 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

Getting the timing right

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.

Your questions answered

What is litigation insurance for property litigation?

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.

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.

How does the application process work for individual cases in property litigation?

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.). If you would like to speak with an underwriter before sending the case in to us, you will find contact details below and on Our People page.

Contact our experts

If you would like more information on our litigation insurance and disbursement funding products for property litigation, or you have any other legal expenses insurance query, please email or call me on 01483 514428. We look forward to hearing from you.

Matthew Pascall

Legal Director – Head of Commercial

Matthew Pascall

Matthew was called to the Bar in 1984 and joined Guildford Chambers two years later. Spending more than 30 years in practice there, he was listed as a Legal 500 Tier One barrister.

He joined the commercial team at Temple Legal Protection as Senior Underwriting Manager in 2017.

Matthew was appointed to Temple’s Board in December 2022 as Legal Director and Head of Commercial.

His knowledge of the commercial legal sector and litigation practice is invaluable to the business and our clients, providing specialist experience to lead the commercial litigation insurance team.