As things develop, and as the UPC is used more frequently, and, we start to develop a greater data set around settlements, likely success rates and those sorts of things, it's very possible that insurers may look to consider some sorts of deferred and fully deferred and contingent schemes for volume type cases.
Director Mohsin Patel discusses after-the-event insurance on the Deminor podcast series
Speaking on Deminor’s podcast series, Director Mohsin Patel discusses how after-the-event (ATE) insurance might apply in the Unified Patent Court (UPC).
Mohsin featured on Deminor’s UPC podcast on 4 April 2023, which can be found here.
Beginning by explaining its importance and function, Mohsin argues that ATE insurance is essential when undertaking disputes in jurisdictions where the loser-pays principle applies.
Covering potential legal costs, including legal representatives and court fees, Mohsin explains that while genesis of ATE insurance was the personal injury and insolvency space, its appeal has grown to include some of the largest, most complex commercial litigation that currently is taking place in the UK.
He goes on to suggest that, while we don’t know what the shape of the UPC will be, it is expected to have wide-ranging implications for patent cases, and the market for ATE insurance will undoubtedly play a role in this.