Judicial Review Indemnity Insurance for Planning Risk
Managing judicial review risk for developments, funding transactions and legal advisers
Judicial Review Indemnity Insurance for Planning Risk
Managing judicial review risk for developments, funding transactions and legal advisers
Judicial review indemnity insurance is a specialist form of legal risk insurance designed to protect lenders, developers, and funders against the risk of a judicial review challenge to a public law decision, including the grant of planning permission or other statutory consents.
This type of insurance is commonly relied upon in property development and real estate finance transactions, where there is a potential or live risk of judicial review and key stakeholders wish to proceed with a transaction without waiting for the judicial review window to expire.
The Judicial Review window for a planning permission is currently 6 weeks; however, this period can be longer for other public decisions, such as stopping up orders.
Whilst judicial review insurance is commonly used following the award of a planning permission, insurance is also available for the JR of variations to S106’s or planning conditions, operational permits, stopping up orders, town and village greens decisions, Highways orders and decisions made pursuant to the public procurement regime.
By transferring judicial review risk to a suitably rated and regulated insurer, lenders and funders can maintain certainty of funding while preserving confidence in the planning position, enforceability of security, and overall marketability of the scheme.
Indemnity insurance for planning judicial review:
J3 Advisory works closely with developers, lenders and solicitors to structure judicial review insurance solutions that align with transaction timetables, funding requirements and legal advice. If you are considering judicial review risk on a live or forthcoming scheme, we welcome the opportunity to discuss how appropriate cover may support the progression of your project.
Why use J3 Advisory?
Here are just a few of the reasons why you should consider J3 Advisory for arranging judicial review insurance on your next project:
When it comes to insurance that underpins legal certainty, clients choose J3 Advisory for a practical and measured approach to legal indemnity risk. Policies are placed exclusively with A-rated, lender-accepted insurers, ensuring cover stands up when it matters most. Advice is delivered in plain English, with a clear focus on how the policy will operate in practice, not just how it reads on paper.
Legal, commercial and lender requirements are considered together, allowing cover to be structured in a way that works for all parties involved. Recommendations are driven by suitability rather than commission, with a pragmatic view on risk and proportionality. Where standard solutions fall short, market relationships are used to explore alternative approaches — including developing new solutions with underwriting partners where required.
A tailored service for solicitors, lenders & developers:
At J3 Advisory, it’s recognised that no two transactions present the same legal or technical considerations. Legal indemnity insurance is therefore approached on a case-by-case basis, with careful attention given to the nature of the exposure, lender requirements and the wider commercial context. The focus goes beyond simply arranging a policy, ensuring the right insurer and wording are aligned to the specific risk being addressed. From initial review through to placement and post-completion support, queries are managed proactively to keep transactions moving and provide ongoing clarity long after the policy is in place.
Judicial Review Indemnity Insurance FAQs
What is judicial review indemnity insurance?
Judicial review indemnity insurance is a specialist legal risk policy that provides protection against losses arising from a judicial review challenge to a public law decision, most commonly the grant of planning permission or other statutory consents.
When is judicial review indemnity insurance required?
Judicial review insurance is typically required where there is a residual risk of challenge following a public decision, and that risk cannot be practically eliminated within the transaction timescale. It is often a lender requirement a transaction is due to complete before the judicial review challenge period has expired.
Who usually relies on judicial review indemnity insurance?
Judicial review indemnity insurance is commonly relied upon by developers, lenders and funders, acting on the advice of solicitors. It enables funding and development transactions to proceed where judicial review risk would otherwise delay or prevent completion.
What risks does judicial review indemnity insurance cover?
Cover typically includes losses arising from judicial review proceedings, such as delay, the quashing of the decision, adverse legal costs, and associated financial losses, subject to the policy terms and conditions.
Does judicial review indemnity insurance prevent a claim from being brought?
No. Judicial review insurance does not prevent a third party from bringing a judicial review challenge. Instead, it provides financial protection against the consequences of such a challenge, allowing parties to manage risk while maintaining project momentum.
How long does judicial review indemnity insurance last?
Policies are usually written to cover the challenge window, but can extend to align with the duration of the development and funding arrangements, if there is ambiguity as to when the challenge window began. The precise policy term will depend on the nature of the scheme, lender requirements, and insurer underwriting criteria.
How quickly can judicial review indemnity insurance be put in place?
Judicial review indemnity insurance can often be arranged quickly, sometimes within a matter of days, provided that the planning position, legal advice, and supporting documentation are available. Early engagement is recommended to avoid delays to funding or completion.