For Insolvency Practitioners

Mitigating Risk – Maximising Reward

We understand that insolvency practitioners must deliver value for money to creditors and therefore where legal action is necessary, the associated cost and risk needs to be managed in a cost-effective manner to maximise financial recoveries.

We also offer a comprehensive suite of transactional risk insurance solutions that can benefit distressed situations, supporting the restructuring and/or insolvency process.

As your trusted broker partner, we keep the process of obtaining insurance easy and straightforward.  Our independence gives us access to a comprehensive range of insurers and we also work with specialist litigation funders who can provide non-recourse finance to fund costs.

We pride ourselves on adding value, delivering quick turnaround times for proposals and providing competitive terms.  We continue to provide support throughout the life cycle of a policy or funding contract dealing with any ongoing issues relating to coverage as the litigation unfolds.

After the Event Insurance

Our insurers are committed to providing first rate coverage and can tailor this to best fit your requirements and thus mitigate the uncertainties and costs of pursuing legal action. The insurers we work with have an in-depth understanding of the risks and challenges you face and offer preferential terms to assist you. For example, the cost of insurance can be deferred and only paid upon successful conclusion once a recovery is made.   Also, insurers will take a commercial view in circumstances where an unexpectedly limited recovery is achieved.

Coverage can be tailored to include adverse costs protection, own side’s disbursements, and Counsel fees.

Cross Undertaking in Damages Insurance

In the event that you need to obtain a freezing order should a defendant try and disperse assets, we are able to source Cross Undertaking in Damages insurance to back these orders. Coverage can be provided for both opponent’s legal costs and awarded damages thus fully protecting you should an opponent successfully overcome an order and receive compensation.

Insolvency litigation funding and assignments

In addition to insurance, we work with specialist funders who, for a share of recoveries, can either provide monies to pay for the legal costs, including insolvency practitioner fees, or can take an assignment of the claim and litigate under their own name, thus absorbing the cost and risk of litigation but still return competitive recoveries to creditors.  This enables insolvency practitioners and creditors to pursue matters where there is no finance available or to close an estate but not lose the potential to recover monies from any meritorious but un-actioned litigation.    The funding agreements may incorporate an upfront payment with a more significant return also factored at successful conclusion.  Monies can be distributed directly to creditors thus truly freeing the officeholder to move onto other matters either within the estate or elsewhere.  This arrangement can often yield better returns than other more traditional funding or CFA options.

M&A and Transactional Risk Insurance

Transactional Risk policies are tailored insurance solutions, specifically designed to remove potential, unknown or identified risks from a transaction scenario.
Insurance policies can be created to address exposures faced by transaction parties and their advisors at every stage of the deal-making process.
Transferring potential or identified liabilities to insurers, offers stakeholders certainty and thereby facilitates efficient transaction execution.

Benefits of Third-Party Funding ATE and M&A and transactional risk insurance for corporates

Independent, impartial & expert advice
We are not tied with any particular funder or insurer and have access to a wide selection of markets. As experts in our field, we ensure that you and your clients receive professional and comprehensive advice.

Regulatory shield
As specialists in litigation finance and insurance, we remove the regulatory risk and burden from individual insolvency practitioners by placing adequate distance and providing impartial advice on the options for you and therefore your creditors.

An insolvency practitioner’s and their legal team’s time is better spent preparing and advancing your claim and not having to source, structure and execute potentially complex risk mitigation arrangements. Insolvency Practitioners benefit from our expertise and experience in knowing when and how to approach the market to ensure the greatest likely success in the shortest possible time-frame.

Trusted partner
Our founders have worked with insolvency practitioners over many years in providing solutions for them and creditors.

Holistic solutions
As a broker and advisor, we are unique in our expertise of both funding and insurance. We take a lateral-thinking approach to all cases that we consider and use our resources to create innovative solutions.

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