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Litigation Insurance

Dispute type

Shareholder Disputes Insurance

Risk transfer that may be arranged around the cost and capital profile of shareholder disputes.

Where the exposure sits
  1. A judgment or award won
  2. A judgment against you
  3. Funder capital deployedConsidered
  4. Law firm fees and WIP
  5. Security for costsConsidered
  6. The opponent's costsConsidered
  7. DisbursementsConsidered
  8. Own legal costs

Illustrative. The exposures a dispute can put on a balance sheet. What a policy responds to is set by its wording.

Can shareholder disputes be insured?

Shareholder and joint-venture disputes can be insured for costs risk, typically through ATE covering the other side's costs through to a valuation hearing or trial. Funding with capital protection is an option where the petitioner cannot carry its own costs.

On this page2 min read
  1. Key points
  2. The risk profile
  3. Which structures apply
  4. Illustrative scenario
  5. Underwriting considerations
  6. Frequently asked

Key points

  • Valuation evidence often dominates the later stages.
  • Security for costs is common where the petitioner is overseas.
  • Settlement dynamics are personal, which underwriters weigh.

The risk profile

Unfair prejudice petitions, derivative claims and joint-venture disputes can be costly, personal and hard to settle.

Valuation evidence often dominates the later stages.

Which structures apply

  • ATE for adverse costs
  • Funding with capital protection
  • Security for costs cover where the petitioner is overseas or has limited assets

Illustrative scenario

Specimen · worked exampleIllustrative only

A minority shareholder seeks a buyout of a £15m stake. The petitioner insures adverse costs through to the valuation hearing, with limits staged around disclosure and expert evidence.

Figures are invented to show the mechanics. They describe no real client, matter or outcome.

Underwriting considerations

The conduct complained of, the valuation methodology, the relationship between the parties and the realistic remedy.

Frequently asked

Can a minority shareholder insure an unfair prejudice claim?

ATE can cover the adverse costs risk; underwriters will focus on the conduct complained of and the realistic remedy.

Is funding available for shareholder disputes?

Sometimes, particularly where a buyout at fair value would produce a substantial recovery.

Who pays the costs in an unfair prejudice petition?

The court has discretion, but costs generally follow the event, so the losing party can face a substantial adverse costs order.

Can a company insure against a shareholder claim?

A company or its directors may consider adverse judgment or contingent risk cover, subject to underwriting on the specific claim.

Is security for costs common in shareholder disputes?

It can be, particularly where the petitioner is based abroad or has limited assets within the jurisdiction.

General information only. This page is not legal, financial, investment or insurance advice. Any insurance is subject to underwriting and to the terms of the policy wording issued.

Keep reading

Understand the exposure.

Technical analysis of litigation risk, how cover is underwritten and what drives cost — written for general counsel, funders, law firms and investors.

General information only. It is not advice and not an offer of insurance.