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Litigation Insurance for financial mis-selling claims – a ‘no-brainer’?

Litigation Insurance can be used for many kinds of financial mis-selling and related professional negligence disputes, which involve the mis-selling or mismanagement of a financial product or service which leads to financial loss. Clients may have lost a portion of their pension fund or their business might be under pressure because they were sold an expensive and unsuitable financial product.

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

Our products can enable claims to proceed which might not previously have gone ahead and provide access to justice for a wide range of clients. The victims of financial mis-selling are often up against large and well resourced defendants. Our litigation insurance puts them on an equal footing and enables them to pursue claims they might otherwise have abandoned.

Financial litigation case types

  • Financial mis-selling claims
  • Trustee disputes
  • Financial services negligence
  • Contractual disputes

The Temple Advantage

Our experience of financial 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 the best tools to promote access to justice.

  • Litigation insurance for financial mis-selling disputes is available to claimants and defendants alike
  • 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 your client, the court issue fee, expert reports and mediation.

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 are reasonably able to 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

How does Litigation Insurance for financial mis-selling litigation work?

Traditional legal expenses insurance is often referred to as Before-The-Event or ‘BTE’ cover. Litigation insurance for financial mis-selling claims is used by solicitors and 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 favour, it is a tailored 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 claim.

Who pays for the litigation insurance?

The client. This is usually deducted from the damages recovered. However, our insurance premiums are always fully deferred until successful conclusion of the matter. If the matter is unsuccessful then the premium will not be payable, but we will pay the opponent’s costs and your client’s disbursements.

Do you want Counsel’s opinion?

Not at the outset. 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.

What are the benefits of litigation insurance?

Litigation insurance provides numerous benefits to clients wishing to pursue a legal action. These include, but are not limited to:

  • Claims can be pursued to their fullest extent.
  • Removes the risk of having to pay the opponents legal costs if the dispute is pursued unsuccessfully.
  • Can mitigate the clients own expenditure on disbursements etc.
  • Can provide protection from interim costs orders.

Contact our experts

If you would like more information on our litigation insurance and disbursement funding products for financial litigation, or you have any other legal expenses insurance query, please email david.chase@temple-legal.co.uk 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.