In cost-shifting jurisdictions such as England, Australia, Hong Kong and Singapore, adverse costs risk effectively doubles claimants’ exposure to legal fees and expenses. Adverse cost protection is often a prerequisite in large cases.
Burford can provide insurance for matters we are funding to protect our clients from adverse costs risk, through our own wholly owned insurer, Burford Worldwide Insurance Limited (BWIL).
We’re the only finance provider to offer adverse costs insurance in-house, resulting in a seamless funding solution in cost-shifting jurisdictions
We have extensive experience in providing adverse cost insurance through a previous English insurance business
After-the-event (ATE) insurance protects against the downside risk of having to pay an adverse costs order if the policyholder loses its claim. The premium for these policies is either payable upfront or, in the event of a successful resolution, the premium is paid from sums recovered in the case.
Recognizing the disconnect between ATE insurance and large, risky commercial disputes, Burford launched BWIL to address the demand for adverse costs protection among its clients. Burford offers its clients the complete package: Financing for the costs of pursuing the dispute, and insurance policies that protect against the risk of potentially tens of millions in adverse costs in case of loss.
The insurance policy is paid for by the legal finance provider who answers to any adverse costs liability if the claim is unsuccessful.
Claimants have upside participation in the outcome if the claim is successful.
Claimants can pursue significant litigation in cost-shifting jurisdictions.
Hong Kong
Emily Tillett
We fund the fees and expenses associated with high-stakes commercial claims.
Learn moreWe advance some of the expected entitlement of claims, judgments and awards.
Learn moreWe finance multiple litigation or arbitration matters in a single funding vehicle.
Learn moreWe help clients collect judgment debts when opponents hide assets or fail to pay.
Learn moreWe help businesses avoid risk exposure in cost-shifting jurisdictions.
Learn moreWe accelerate payment for law firm receivables, generating revenue regardless of when clients ultimately pay bills.
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