We are regularly instructed to secure risk transfer terms across of the full spectrum of litigation areas. The following are just some examples of our work:
Case examples March 2014 update:
A high court claim for misrepresentation and breach of a Sale & Purchase Agreement brought by a company seeking to purchase a significant commercial real estate asset. TheJudge obtained 11 different insurance options from 6 different insurance companies for the client as well as a highly competitive staged-fee funding offer amounting to less than x1 at trial. The premium payments offers included deferred & contingent (i.e. the premium is only payable in the event of success), fully upfront premium options, blended and damages based premiums i.e. premiums calculated as a percentage of damages. Each of the 11 offers had a different price outcome for the client depending on whether the case was successful and at what stage of the proceedings the recovery was achieved.
Complex oil dispute being arbitrated against an African State Respondent. The claim value exceeds $500m. We successfully secured terms from a pool of third party funders to finance the lawyers’ fees and expenses, including asset tracing reports.
For more examples of our work in international arbitration see http://www.arbitration-funding.com/case-studies/Investment-Treaty-Arbitration-Funding
A multi million pound alleged fraud case. We were engaged by a FTSE 100 company to cover the costs of their appeal following our client’s unsuccessful first instance hearing. The litigation insurance cover was arranged two weeks before the appeal hearing. Unfortunately the case was unsuccessful, but due to the benefit of their policy the client was able to call upon the indemnity for the costs they had incurred. No premium was payable as the premium was contingent upon a successful outcome being achieved.
A breach of trust claim against former trustees of an offshore trust being brought in an offshore jurisdiction, relating to the mismanagement of trust assets. We arranged a mixture of third party funding and litigation insurance. We were able to secure a variety of offers of third party funding and litigation insurance, including insurance for our client’s own lawyers’ fees. The offers from various providers varied significantly. The best solution proved to be a syndication approach, with different providers contributing to different parts of the legal fees exposure. The aggregate saving to the client by taking this approach exceeded £6m.
Examples of Our Work
We are regularly instructed to secure risk transfer terms across of the full spectrum of litigation areas. The following are just some examples of our work:
Case examples March 2014 update:
A high court claim for misrepresentation and breach of a Sale & Purchase Agreement brought by a company seeking to purchase a significant commercial real estate asset. TheJudge obtained 11 different insurance options from 6 different insurance companies for the client as well as a highly competitive staged-fee funding offer amounting to less than x1 at trial. The premium payments offers included deferred & contingent (i.e. the premium is only payable in the event of success), fully upfront premium options, blended and damages based premiums i.e. premiums calculated as a percentage of damages. Each of the 11 offers had a different price outcome for the client depending on whether the case was successful and at what stage of the proceedings the recovery was achieved.
Complex oil dispute being arbitrated against an African State Respondent. The claim value exceeds $500m. We successfully secured terms from a pool of third party funders to finance the lawyers’ fees and expenses, including asset tracing reports.
For more examples of our work in international arbitration see http://www.arbitration-funding.com/case-studies/Investment-Treaty-Arbitration-Funding
A Thomas Miller Company
