"Our specialist team independently source competitive insurance policies from global insurance markets in order to reduce the litigation risk to the client."

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Clinical Negligence Litigation

TheJudge can help you quickly find After the Event insurance for all types of Clinical Negligence litigation on an individual basis, irrespective of whether you are a member of AvMA or the Law Society Panel. Typical clinical negligence cases that we see each day include:

Misdiagnosis claims
Cosmetic Surgery claims
Hospital Infections, including MRSA
Nursing Home Related Claims
Orthopaedics and Amputation Cases
Dental Negligence claims
Cerebral Palsy claims
Error Drug Claims
Neurological Injury (including newborn)
Ophthalmic Cases and Laser Eye Surgery
Birth Injuries claims
Informed Consent Claims

This is a non-exhaustive list. Please contact us to discuss your specific case or insurance requirements.

TheJudge has been the leading innovator in the clinical negligence ATE insurance market. Whether you require insurance for an individual case, or a number of cases on an ongoing basis, we access all the leading products to ensure you and your clients have choice.

All the clinical negligence products we broker have deferred and conditional upon success premium structures, meaning that your clients have no premium to pay upfront or no premium to pay at all if the case is lost, regardless of the size of the indemnity required.

If you have a repeat requirement for clinical negligence ATE insurance cover, then we strongly recommend that you contact us, as it may well be that you will qualify for a “delegated authority scheme”, which guarantees that insurance will be available for your clients’ cases. At TheJudge, we access all the leading ATE delegated authority schemes and are frequently heavily involved in the designing of new schemes, therefore ensuring that we are always one step ahead of the market.

Q and A

How does the ATE Premium Work?

Although ATE premiums vary significantly, there are certain common features:

The premiums brokered through TheJudge are generally deferred and contingent upon success, meaning that the premium is only payable if and when the dispute is resolved in the client’s favour.
TheJudge is typically able to negotiate premiums which increase the closer the case gets to Trial or which are discounted significantly if the case settles early.
For litigation pursued in England and Wales, the ATE premium is a recoverable cost under s.29 Access to Justice Act 1999, subject to a test of reasonableness.

Is ATE only relevant to financially distressed litigants?

ATE is relevant to any party involved in or contemplating litigation. Whilst it can be used to level the playing fields between unevenly matched opponents, many of the world’s largest companies also regularly use ATE to hedge their legal cost exposure and bring increased certainty to the legal spend, especially at a time when legal budgets are under pressure.

Does the instructed solicitor need to act on a CFA in order to secure insurance for the client?

There is no requirement to act on a conditional/contingency fee basis.

What is the role of TheJudge?

As an independent broker, it is our role to work for the client in sourcing and negotiating suitable insurance. To do this, we identify and approach a number of potentially suitable markets. Our aim is to obtain several offers where possible, which is important to increase the chances of securing terms, whilst ensuring that any premium incurred is competitive.

For cases being litigated in England & Wales, our market search is vital to provide evidence of market comparables, should the reasonableness of the premium be challenged by the opponent at a costs assessment. We are market leaders in providing premium recoverability support and have had our evidence accepted at numerous costs assessments, including SCCO hearings.