ATE Insurance Funding Options 

Guardian Legal and ATE insurers are responding to a volatile post-LASPO marketplace by working together to develop innovative ATE insurance funding products for you and your clients.

For example, as well as offering damages-based (DBA) premiums for high value cases requiring up to £3m in cover, we can also now offer a DBA-based option for claims with a minimum value of £25k damages and LOI up to £100k.

What options do we offer? p36

  • Standard ATE policies with deferred and conditional premiums (payable only upon a successful outcome) offering early settlement discounts, with further premium discounts available when combined with litigation funding.
  • Premiums based on the LOI required*
  • Premiums set as a % of damages for high and lower value cases*

*Premiums negotiated with a cap where appropriate.

ATE insurance funding for high value cases using Standard or DBA-based premiums

  • Comprehensive cover for up to £10 million
  • Flexible premium structures
  • Cover for own disbursements and opponent’s costs
  • Straightforward deferred, staged and self- insured premiums
  • Full Part 36 cover as standard
  • Policy can be used to help defeat security for costs applications
  • Cover for interim applications
  • Delegated acceptance
  • DBA Premiums can be capped


Sue Milsom has recently joined the company adding breadth and depth to the service that the organisation now provides. She has worked with some of the leading names in the ATE insurance market and her client relationship skills are second to none. Always a pleasure to work with and in the majority of cases will always find a solution or a product to fit the specific needs of our clients.

Rankeshwar Batta
For Anthony Collins Solicitors LLP
Birmingham

ATE Insurance funding for lower value cases through a DBA-based premium option

Lawyers and their clients often need to weigh up the pros and cons of pursuing a lower value commercial claim.

Sometimes so little of the damages award may remain after the costs of taking a case to trial and paying the lawyer’s success fee that the claim simply isn’t worth pursuing.

Now, Guardian Legal has an innovative solution which ensures your clients will always retain the majority % of the damages, even after deduction of premium and success fee.

Through a damages-based, rather than limit of indemnity-based, premium, the benefits to your clients are:

  • Premium to trial of circa 22.5% of damages awarded, ensuring the client retains 77.5% of their award before any other deductions.
  • Substantial staged premium discounts available if the case is settled pre-issue, as follows:

Stage 1 (Pre-issue): 5% of damages

Stage 2 (Post-issue): 15% of damages

Stage 3 (applies 60 days prior to trial): 22.5% of damages

We can offer this policy for claims with a minimum value of £25,000 damages and a limit of indemnity up to £100,000.

What does it cost?

  • Premiums are only payable at the conclusion of a case with a successful outcome
  • Premiums usually charged as a percentage of damages recovered and can be fixed or staged depending on proportionality of costs to damages
  • Alternative pricing models available on request

What types of commercial cases can we help you to insure?

  • Commercial Disputes
  • Claims against the Banks
  • Financial Mis-selling
  • SWAPs/Derivatives based loans mis-sold
  • Breach of Contract
  • Professional Negligence claims
  • Insolvency cases
  • Contentious Probate



Ad hoc Cases or a Delegated Authority Scheme?

  • One-off/AD HOC proposals can be submitted to Guardian online, by email or via the DX/Post
  • Fully delegated authority schemes available, enabling you to:
    • Issue policies without completing a proposal form for every application
    • Make/reject Part 36 offers, commence proceedings and proceed to trial without needing the insurer’s consent at each stage

Ad-Hoc applications

All cases are individually rated. Generally the average is around 15% of damages dependant on level of damages awarded.

Delegated Authority (DA) Schemes

The DA scheme gives a limit of indemnity of up to £150,000. Damages must be at least £50,000 and must not exceed £1 million. The premium is calculated as a percentage of the damages awarded to the client.

There are two options:

Option 1: a fixed rate regardless of when the case settles

Option 2: a staged premium with early settlement discounts (ESDs)

N.B. There can be a cap on premiums under this type of scheme.

Next steps

Contact us to have a preliminary discussion ATE funding options on 0207 118 1884 or email info@guardianlegal.co.uk