Business
Commercial litigation
T&E Resolve
Funding arrangements
Funding arrangements
T&E Resolve doesn’t just allow you to fix your litigation costs, it can help you eliminate them altogether. If you wish to bring a claim, and we assess your prospects of success at 70% or more, we can usually offer you a funding model which passes the costs risk to others.
Underpinning the whole process is our initial assessment of the merits of your case. We carry out that assessment for a fixed fee. If we think your case could benefit from alternative funding, we can offer you:
- A conditional fee agreement (CFA)
A CFA is a “no-win no-fee” agreement, by which we agree not to charge you anything except our expenses if you don’t win the case.
If you do win, we can charge our normal fees plus a success fee of up to 100%, but we recover payment from your opponent, not from you.
- After the event insurance (ATE)
If you want to eliminate the costs risk completely, we can offer insurance to make sure you don’t have to pay your opponent’s costs if you lose the case. Through our close relationship with The Judge, one of the premier ATE brokers, we can usually obtain insurance cover, often with a deferred premium so there’s nothing to pay up front.
- Third party funding
For larger cases, we may be able to protect your cashflow by using a third party funder. The funder pays our fixed fees and expenses as the case progresses, and there is nothing for you to pay. In return, the funder keeps a share of the damages you recover.
- Litigation buyout insurance (LBI)
If you’re defending a large claim, we might be able to arrange LBI to allow you to hedge your risk. LBI provides cover against an adverse judgment as well as adverse costs.
T&E Resolve aims to be at the forefront of developments in litigation funding. In a shifting landscape, you need to know what your funding options are. We will keep you informed about new products and legal developments, such as disbursement funding and contingency fees, so that you have all the information you need to make the right decision.
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Paul Clarke
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