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Why your clients need litigation insurance for property disputes

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 514424. We look forward to hearing from you.

David Chase

David Chase

Deputy Underwriting Manager

David Chase

David is the Deputy Underwriting Manager in Temple’s Commercial Department who partners with solicitors and brokers to provide litigation (ATE) insurance and funding solutions to businesses and individuals.

Having started his career in ATE insurance in 2006 at FirstAssist, David gained experience in litigation funding as an analyst at Burford Capital, before joining Temple Legal Protection in late 2013. Having worked for over 12 years in this evolving market, David knows what drives customers and he understands that it is how well you connect with the people you are trying to help that makes you succeed.

David has helped hundreds of customers and has worked with many of the leading law firms in the British Isles. He has extensive and varied experience in risk analysis, case management and long-term relationship management. One of David’s specialisms is his management of our fully-delegated schemes, a responsibility which plays an integral part in the retention of Temple’s partnerships with many leading and specialist commercial law firms.

In his role as Deputy Underwriting Manager, David considers a very wide variety of non-injury litigation including all types of commercial litigation, group actions, professional negligence cases, insolvency actions and contentious probate. He combines strategic activities - evaluating developments such as the impact of ADR on the commercial litigation sector – with expert underwriting in order to assist customers in making efficient and timely use of our litigation (ATE) insurance and funding products.

He continues to work towards his qualifications as a member of the Chartered Insurance Institute.