CLEAR were asked for help by an existing client, a law firm acting for an insolvent company which was suing one of the largest developers in Europe, for a claim in relation to contract performance issues.

The value of the claim was in excess of £20m and the LOI was £1.5m, and as the claimant in the case was insolvent, in pursuing their legal claim our client had to obtain an After the Event (ATE) insurance policy that could serve as security for costs in the event that the conclusion to the case was unsuccessful.

After gaining a thorough appreciation for the case and surrounding considerations, CLEAR's experience and expertise made it possible to negotiate with the insurer to obtain suitable changes to their standard ATE policy wording, which would allow the solicitor to successfully counter a security for costs argument if brought forward.