Insurance (including ATE Insurance)

Check your existing insurance policies

You should check with your insurance providers and brokers whether you already have insurance before the dispute arose that might potentially cover your costs and, if so, let us know.

Whilst it is not very common for such insurance to be in place, a number of our clients have had relevant policies that have enabled them to meet our fees.

Whilst some insurers will want their insured to instruct their preferred solicitors, the insured normally has a legal right to choose their own solicitor for defending proceedings.

ATE insurance

If such insurance is not in place or the coverage is not sufficient for your claim, you may wish to consider seeking quotes for after‑the‑event (ATE) insurance to help manage the financial risk of litigation.

What is ATE insurance?

1. ATE insurance is purchased after a dispute has arisen and provides protection if a case is unsuccessful.
2. It may cover your opponent’s legal costs.
3. It may cover your own disbursements, such as experts’ fees or court fees.
4. In some cases, it may cover part of your own legal fees.

Premiums

1. ATE premiums vary depending on the insurer’s risk assessment.
2. Premiums are often 30–45% of the insured amount, and can be higher in complex matters.
3. Premiums may be deferred or payable only on success.
4. In the event of loss, some policies are self‑insured so the premium is not payable. 

ATE premiums are generally not recoverable from the opposing party in civil litigation (except for limited clinical negligence exceptions). 

ATE as security for costs

Courts may accept ATE insurance as security for costs, particularly in High Court proceedings.

If you would like us to explore ATE options, we can introduce specialist brokers and advise on suitability and cost.