Problems confronting IPs are;
IPs are most unlikely to have the funds to pay for the insurance of their claims up front and the creditors are reluctant (to put it mildly) to invest in the possible recovery of money either by way of investment or providing indemnity.
Lakehouse Risk solve this ATE problem by providing insurance on a deferred, contingent and stepped basis.
IPs often need to obtain injunctions to prevent the dissipation of assets. But to do so they will be required to provide a cross undertaking in damages. IPs are understandably reluctant to undertake this personal exposure.
Lakehouse Risk solve this ATE problem by adding an indemnity against claims made under the cross undertaking of damages to the Limit of Indemnity of the ATE policy insurance.
IPs and their solicitors have to estimate the adverse costs exposure of their opponents when acquiring ATE insurance. How annoying then to discover when insurance has been issued that the policy limit is too high because for instance, the opponent does not instruct solicitors, or the policy limit is too low, because for instance the opponent instructs a very expensive firm.
Lakehouse Risk solve this ATE problem by being willing to adjust the policy limit to meet the circumstances of each case.
SECURITY FOR COSTS
IPs will often be challenged by opponents to provide security for costs as a means of stifling legitimate litigation claims. Once again, cash and indemnity from creditors is most unlikely to be forthcoming to resolve the claim for security.
Lakehouse Risk solve this ATE problem by providing ATE cover with a sensible policy wording with sufficient security which, following the decision in Premier Motor Auctions (2016 EWHC 2610 Ch), will defeat a security for costs application.
Solve ATE – THE PROBLEMS SOLVED – LAKEHOUSE RISK SERVICES LIMITED
Solve ATE is designed to overcome the ATE issues that frequently confront IPs. Lakehouse Risk are a managing general agency who make the decisions to insure your cases. The underwriting team is led by Michael Lent who had been a commercial litigator for 30 years. This enables intelligent decisions to be made quickly and effectively.
This case has been very useful in establishing the respectability of the After the Event Insurance market operating in the UK and just as importantly, the use of ATE to defeat a defendants application for security for costs. The decision, handed down on 24th October…