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Litigation Insurance

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Litigation Insurance in Europe

Rules differ materially between member states; structure follows the forum.

Forum map

EU

Brussels

50.85° N · 4.35° E

  • Divergent costs rules
  • Collective redress regimes
  • Enforcement across borders

Illustrative. The forum decides which exposures exist at all: its costs rules, its approach to security and how its judgments travel.

How can litigation insurance work in Europe?

Rules differ materially between member states; structure follows the forum. That can shape which exposures dominate — divergent costs rules, collective redress regimes, enforcement across borders — and therefore which structures may be considered. Availability, admitted status and enforceability of any instrument depend on the forum and on policy terms, and are confirmed matter by matter, subject to underwriting.

On this page2 min read
  1. Forum file
  2. Common risk types
  3. Relevant products
  4. Key considerations
  5. Enforcement
  6. Frequently asked

Forum file

Europe

EU

Costs rule
Varies by member state
Weight of adverse costs
Depends
What tends to dominate
Depends on the country

Risks to check first

  • Divergent costs rules
  • Collective redress regimes
  • Enforcement across borders

Structure may follow the procedural rules of the forum, not the parties' nationality. General orientation, not advice; rules have exceptions.

Common risk types

Costs rules differ significantly across Europe.

Some jurisdictions shift costs by reference to statutory scales that may be modest relative to actual spend; others award limited recoverable costs. Collective redress has expanded under the EU Representative Actions Directive, implemented differently in each member state.

Relevant products

  • ATE where costs shifting is meaningful
  • Portfolio and capital protection for funders in collective proceedings
  • Judgment or award cover in cross-border enforcement

Key considerations

Rules on third-party funding and contingent fees vary widely, and some states restrict them.

The forum's costs regime should be modelled before any structure is chosen.

Enforcement

Judgments move between EU member states under the Brussels I Recast Regulation.

Enforcement between the EU and the UK now depends on national law and relevant conventions.

Frequently asked

Do European courts make the loser pay costs?

Many do, but often by reference to statutory scales or limited tariffs, so the recoverable amount may be well below actual spend. The rules differ significantly between countries.

Is third-party litigation funding allowed in Europe?

It depends on the country; rules on funding and contingent fees vary widely and some jurisdictions restrict them.

Does the EU have class actions?

The EU Representative Actions Directive requires member states to allow collective actions by qualified entities for consumers, implemented differently in each country.

Is ATE insurance used in Europe?

Where costs recovery is meaningful, yes, and in collective proceedings alongside funding. Where recoverable costs are modest, other cover may matter more.

Are judgments enforceable across the EU?

Between EU member states, generally yes under the Brussels I Recast Regulation. Enforcement between the EU and the UK now depends on national law and relevant conventions.

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.