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A key advantage to working with Erso for your litigation finance needs is that you can simultaneously benefit from the support and expertise of our affiliate, TheJudge.

TheJudge is widely regarded as one the leading experts in arranging litigation insurance options, whether on a stand-alone basis or to work in conjunction with a litigation finance arrangement. So, in short, working with Erso and TheJudge provides a complete full-service solution.

Adverse Costs Insurance

If you are litigating or arbitrating in a jurisdiction where there is material risk that you could be liable to pay the other side’s lawyers’ fees and/or costs if you lose, then adverse costs insurance (fee-shifting) is an ideal solution to remove this additional financial exposure.

In exchange for agreeing to pay insurers a premium (potentially on a contingent upon success basis), the large international insurers providing this coverage agree to indemnify you for the fees you might be liable to pay your opponent should you lose your case.

Security for Costs

In some instances, a defendant in a litigation (or arbitration) might challenge the claimant’s ability to satisfy a cost order should the defendant prevail.  This can lead to the defendant seeking an order from the court or tribunal that the claimant should provide some form of financial security (security for costs).  The amount of such security can be sizeable.

As an alternative to having to lodge large capital sums to satisfy such an order, the insurers providing adverse costs insurance coverage can often go one step further and provide a suitable financial guarantee directly in favour of the defendant.

If you believe you’ll likely require a suitable adverse costs/security for cost solution, then the Erso team will work simultaneously with TheJudge team in order to help deliver a complete solution specifically tailored to your case.

Key advantages of working with TheJudge’s insurance team:

  1. One of the most experienced teams in the world in arranging litigation insurance solutions.
  2. Access to a panel of international insurers and reinsurers.
  3. Flexible premium options – including options where all or the majority of the insurers’ premium is deferred and contingent upon your case succeeding.
  4. No maximum limits. The team at TheJudge has secured capacity limits exceeding £30m (USD $40m) for a single case and over £100m for a portfolio of cases, as well as secured coverage for smaller cases where the adverse costs exposure is less than £500,000.

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