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Founded in 2000, TheJudge is an international broker for specialty legal risk insurances including ATE insurance, contingency fee (Damages Based Agreements) Insurance and other legal risk covers. TheJudge is ranked Tier 1 by Chambers & Partners. In 2020 TheJudge Group was acquired by the Thomas Miller Group, a specialist insurance and financial services business, which currently writes in excess of USD $1bn in premiums a year and has over USD $3.5bn AUM, operating from 18 offices around the world.

In 2021 the senior management team, together with Thomas Miller launched Erso Capital, a specialist litigation finance company. Between its discretionary funds, single managed accounts and co-investment funds, Erso has access to capital in excess of USD $1.0 billion. The relationship between TheJudge and Erso means our clients have access a range of solutions that can be adapted to their particular needs and requirements.

Air Canada has its share of significant litigation matters that entail a high expenditure on fees and disbursements.
Highlights

read more › Established in 2000 with offices in London, Manchester, California and Toronto, TheJudge is the leading litigation broker specialising inlitigation insurance in all its forms, with access to competitive litigation finance products for law firms and their clients. Whether you have a cash-flow requirement or are simply seeking to achieve budget and risk certainty over your legal spend, it is vital that you understand the mechanics of the different types of litigation insurance products available.

read more › Established in 2000, TheJudge is one of the longest-established and most well-known and trusted brands in the litigation and arbitration risk insurance market. With teams in London, Manchester, California and Toronto, combined with the resources and global footprint of the Thomas Miller Group, we are a international broker that serves the needs of law firms and their clients around the world. We specialise solely in the placement of litigation insurance to manage the costs incurred in bringing disputes.

read more › TheJudge is the leading specialist broker of After-the-Event litigation insurance (also known as ATE insurance) with access to competitive litigation funding products for law firms and their clients. We are one of the most connected and experienced teams in this highly specialized market. Finance for law firms to enable them to receive some fee income when acting on a contingency fee basis. Adverse costs insurance to protect the client against an adverse costs order (fee shifting). Quick overview and indication - We can provide a good overview of the client's likely options within 24 hours based on a few brief details being provided.

read more › Depending on the type of litigation insurance, coverage limits for a single case can range from as low as 50,000 through to 100m+. TheJudge is typically able to secure a range of premium options, including deferred and contingent premiums, which means some or all of the adverse costs insurer's premium is only payable in the event that the policyholder's case succeeds, and they recover damages. Staged premiums and discounted premiums to encourage early settlement are also commonplace. The capacity markets with whom TheJudge operates are typically rated "good" or "excellent" by independent financial rating agencies.

read more › Our value to you lies in our overarching perspective of both the litigation insurance and litigation funding market. We have unrivalled experience in tailoring arrangements that consider and, where appropriate, combine both options. Our hands on and bespoke approach ensures we understand your fee objectives and build commercial solutions to match. Our long history within this unique and fast-moving insurance sector means that we have been challenged time and time again to source insurance based solutions to fix a wide range of issues connected to litigation/arbitration risk and finance over last 20 years.

read more › We are paid on results. There are no upfront fees or charges to access our insurance broking services. We are only paid when the selected insurance company receives a premium, which aligns our interests with those of the client. Furthermore, our brokerage is typically paid by the insurer, meaning it's cost neutral for our clients. Save lawyer's time. We do the job of searching the market for insurance options to suit the client's needs. This means far less work for the instructed lawyers, which means lower costs.

read more › The risk of having to pay the opponent's costs in the event of unsuccessful litigation or arbitration can be prohibitive for many claimants. Some good cases are not pursued due to fear that adverse costs can double, triple or more a litigant's overall financial exposure in the event they lose. Other cases are frustrated when the defendants are granted an order to compel the claimant to provide security for their costs. In both instances, ATE insurance can provide an indemnity to cover the claimant's potential exposure to their opponent's costs and, where required, the policy can be used as a means to provide adequate security for costs, either directly or indirectly underpinning a separate financial guarantee in favour of the opponent.

read more › At TheJudge, we have access to specialist insurance markets that can protect against the reversal of a court judgment or an arbitral award as a result of a successful appeal or annulment application. Importantly these covers are not limited to insuring legal fees but also a portion of the awarded damages. Having such insurance in place means the judgment (or arbitration award) holder can have certainty that even if there were a wholly or partially successful appeal by the opponent, they are still guaranteed to achieve a certain level of recovery up to agreed limit of cover.

read more › Contingency fee arrangements or Damages Based Agreements (DBAs) are very popular with clients but law firms have traditionally been nervous about the downside risk involved despite the increasing pressure to remain competitive and offer such arrangements to corporate clients. DBA insurance means a fee earner can demonstrate to their risk committee and/or financial controllers that they will ultimately realise a minimum amount of their time recorded on a matter e.g. 50%, even if the case fails completely.

read more › Some of the enquiries to TheJudge do not always readily fit into any single product or perhaps lay between the legal expenses market and other insurance lines, such as covers relating to mergers and acquisition. An example is litigation buy-out insurance, often referred to as litigation containment insurance. The threat or existence of legal proceedings against a company maybe enough to disrupt a merger or acquisition, or at the very least create challenges over the valuation. At TheJudge, we have arranged insurance in these circumstances, where the perceived liability risk (including the potential damages exposure) can be covered by an insurance policy, which helps facilitate the closure of the deal.

read more › Litigation finance is for litigants who need a funder in order to pay for legal costs that must to be paid during the life of the case. The funder provides this cash-flow financing on a non-recourse basis, meaning that if the case is unsuccessful and their invested capital cannot be repaid from any proceeds e.g. In exchange for agreeing to finance the claim on the litigant's behalf, the funder and litigant will normally agree that the funder is to be entitled to a share of the proceeds in the event the case is successful.

read more › Good case presentation is invaluable when seeking litigation insurance and/or litigation funding. A considered and comprehensive case presentation can significantly improve the chances of securing offers and the speed of underwriting decisions. Substantive feedback on the application is usually available within 10 working days depending on the information supplied. Good case presentation is invaluable when seeking litigation insurance. It is helpful to provide a short, concise summary of the case, prepared by the instructed lawyers.

read more › Third Party Funding is an arrangement between a specialist funding company and a client (typically the claimant in the litigation), whereby the funder will agree to finance some or all of the client's legal fees in exchange for a share of the 'case proceeds' (usually the recovered damages). We are experts in arranging non-recourse litigation and arbitration funding for corporates and investors involved in legal disputes. Third party funders view legal claims as financial assets, in which they may invest in exchange for a return based upon the success of the funded litigation or arbitration.

read more › Claimants who embark upon litigation or arbitration sometimes find that they need to unlock the value of their claim before the final hearing, whether to alleviate cash-flow pressure elsewhere or to provide working capital for the business during the life of the claim. TheJudge can help claimants find ways to monetize their claims through funders who will consider purchasing the economic rights in a claim, where permitted, or equity in the claimant entity bringing the claim. Very often the purchase price will include both an upfront payment and a share of any recovery generated by the funder.

read more › TheJudge sources and brokers competitive quotations for litigation buy-out (LBO) insurance. The sale of any company can easily be disrupted by the threat or existence of legal proceedings against the company that, however unlikely, generates an exposure to paying out damages and legal costs. The buyer may demand some concession on the sale terms, require onerous warranties or withhold part of the price until the litigation is resolved or the threat disappears. LBO insurance enables the sellers to pass the litigation risk onto an insurer, which enables the sellers to provide the comfort the buyers need to drop or dilute their demands.

read more › Accelerate provides a fast-tracked market search process for obtaining ATE insurance requiring adverse costs and own disbursements of up to 250,000 for commercial litigation and insolvency disputes. The premiums are deferred and contingent upon success and staged to provide a reduced premium should the case settle early. This means that there is nothing to pay upfront and nothing to pay in the event of a loss. The insurers participants in Accelerate are four 'A rated' insurers which provides the benefit of a detailed market search with responses within 24 hours.

read more › We believe nothing speaks louder than results and reputation. Here are a few extracts of what a number of leading law firms have had to say about TheJudge:. We have always found the people at TheJudge to be knowledgeable about the market and what options are available by way of ATE and funding. They are responsive and commercially-focused - they understand what we and our clients are looking for. TheJudge have consistently delivered when it comes to hedging our clients' litigation costs. We engaged TheJudge to design and broker a bespoke scheme for a number of our financial services clients, which has enabled our clients to hedge a significant proportion of their costs risk at no cost to them.

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