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Litigation Insurance

Tool 01

Adverse Costs Exposure

Costs risk compounds stage by stage and depends on the costs regime of the forum. Model the shape of it before deciding what to transfer.

Currency
£25m
£2.5m
£2.8m
Stage reached
Costs regime
£2m

Illustrative position

Illustrative example only

Own-side costs incurred
£2.5m
Adverse costs exposure
£1.8m
Total costs exposure
£4.3m
Carried by the insured limit
£2mSubject to underwriting, policy terms and the limit actually agreed.
Retained by you
£2.3m

Exposure against claim value

17.3%

The proportion of the amount in dispute that the costs risk alone represents at the selected stage.

How to read this

  • Own-side costs are modelled as the proportion of your budget incurred by the selected stage.
  • Adverse costs apply the forum's typical recovery proportion to the opponent's budget — recovery is assessed, rarely full.
  • The insured limit is applied to the combined figure; anything above the limit stays with you.
  • Nothing here reflects premium, attachment point, exclusions or whether an underwriter would write the risk.

Discuss a real structure

These tools describe how exposure is measured. Terms, limits and availability are decided by underwriting on the facts of the matter.

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General information only. This tool does not provide insurance, legal, investment or financial advice, does not quote premiums, and does not indicate that cover is available.

All figures are illustrative and used to explain how exposure is measured. They are not indicative of pricing, terms or the availability of cover.