Unfavorable ruling coverage

In jurisdictions such as Spain, where adverse legal costs can be imposed to the losing party, the litigation risk can be exponential given that not only we may have to face the costs of the litigation, but also, in the case of unfavorable ruling, we may be required to pay the costs incurred by the counterparty

In common-law jurisdictions, this coverage is known as ATE insurance (“After the event”) and protects against the risk of having to pay the costs of the counterparty
Although typically offered in combination with litigation financing or monetization, the price for assuming such risk may consist of an upfront payment and/or a percentage of the claim once the amount is recovered
Allows to completely eliminate the risk of having to pay in the event of unfavorable ruling and to retain upside

Study cases

Anti-trust Cartel Claim

Cooperative with hundreds of cooperative members

Quantum invested: 4,3 M

Recovery of amounts related to breach of contract

Monachil Capital Partners LP, US investment fund

Quantum invested: +$20m

Breach of payment of agency commission

Spanish mid-cap

Direct loan to company guaranteed with an ongoing claim

Logistic company

Damages claim against a cooperative

Family-owned company member of a cooperative in Spain

Land expropriations

Real estate company with land subject to expropriation

Damages arising from actions restricting competition

Spanish tech company

Quantum claim in a final ruling against a city council

Real estate company

Purchase of claim against a city council from insolvent company

Company under insolvency proceeding

Claim for damages related to a sale of a financial product

Energy company

Undue tax financing

Real estate company

Breach of contract related to covid disruption

Spanish portfolio company of a private equity firm

Portfolio of international arbitrations and awards

International companies and HNWI

Claim related to breach of data protection obligations

Individual

Unpaid amounts claim and lifting of the corporate veil

PE portfolio company

Portfolio of awarded legal costs

Several law firms in Spain

Co-investment in portfolio of litigation and arbitrations in LatAm and US

Several plaintiffs in different claims

Claim of damages from medical negligence

Individual

M&A-related breach

M&A broker

Legal negligence

Law firm representing a Time-Share association

Solutions

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