After the event insurance (or ATE) can play a vital part in funding the right funding solution for a legal claim. Let us help you minimise your risk and maximise the chances of success.
After the event insurance, or ATE Insurance, is insurance taken after the event, for which legal proceedings are brought, has occurred. ATE Insurance insures against the legal costs risk of litigation – i.e. the risk that you could be liable for your opponent’s legal costs, if unsuccessful.
- after the event insurance refers to insurance in respect of litigation relating to an event that has already occurred.
- after the event insurance provides insurance against the costs risk of such litigation.
ATE provides cover against a fixed level of legal costs which, in the event such litigation is unsuccessful, will be paid by the insurer. These costs are usually the estimated legal costs of the opponent, although in certain circumstances they can additionally include the insured party’s own legal costs (in the event the claim is unsuccessful and such costs cannot be recovered).
- ATE is not recoverable as a legal cost of any issued legal proceedings
- accordingly, when considering after the event insurance you should consider it as a cost serviced by the judgment to be obtained.
After the event insurance can also be expensive. Whilst it depends on the risk profile of the claim brought or faced, on average the insurance premium will be between 20-50% of the legal costs sought to be provided for. This premium will only usually become payable at the conclusion of proceedings and in the event the outcome is successful.
However, the costs associated to after the event insurance are mirrored by the benefits. With this insurance in place, the insured party can bring proceedings without the costs risk conventionally attributed to legal proceedings and thus there is effectively a wider access to justice available to parties who may otherwise be put off by the fear of a legal costs liability arising from such proceedings.
At Francis Wilks & Jones we are extremely familiar with after the event insurance and have a number of brokers available to assist in choosing the ATE Insurance policy appropriate to your needs, subject to risk assessment. We can also discuss forms of litigation funding arrangements applicable to your situation.
Please call any member of our commercial litigation team for your consultation now. Alternatively e mail us with your enquiry and we will call you back at a time convenient to you.
