Other Top Questions
What does After the Event Insurance cover?
In most cases an after the event insurance policy will insure a client’s liability to pay the opponent’s fees in the litigation (adverse costs) if the case were to lose. In addition insurers will also typically insure the client’s own disbursements such as any experts’ fees but also Counsel’s fees.
In some instances it can be possible to also insure all or a proportion of the client’s own solicitor’s fees in addition to insuring adverse costs and own side disbursements. .
What happens to the premium if a case settles early?
If the case settles favourably at an early stage most ATE insurers will offer a discount in the premium. Premiums are typically staged to key trigger points in the litigation. This means that a premium payable for a case which settles early will normally be considerably cheaper than for a case which proceeds all the way to trial. .
What is meant by a deferred and contingent upon success premium?
A deferred and contingent upon success litigation insurance premium, sometimes referred to as a deferred and self- insured ATE premium, means that the client is only liable to pay a premium if the case is successful. Accordingly, there is no premium to pay upfront and no premium to pay if the case is unsuccessful. If the case succeeds, and the English law applies, then the premium ought to be a recoverable cost in the litigation from the opponent and so again shouldn’t cost the client anything..
Is ATE Insurance and/or Third Party Funding available where the law firm is not acting on a conditional fee agreement?
Yes. Whilst some ATE insurers and third party funders like the law firm to act on a conditional fee agreement or more commonly a partial conditional fee agreement it is by no means a prerequisite. At TheJudge we regularly secure terms for civil and commercial litigation case where the lawyers are engaged on a standard fee paying retainer. .
Will the premium be higher if I use a broker?
No - at least certainly not if you use TheJudge. We are paid a commission by the insurer out of premium paid. The premium is no higher than if you were to go direct to the insurer. Also, using a broker gives you competitive choice - so in the vast majority of cases you get a better deal using a broker, as well as instant justification to your opponent if the premium is challenged. If you have 'shopped around' (which we do for you) then it becomes difficult, if not impossible, for your opponent to argue that a cheaper premium was available. Click here for more reasons why it's a good idea to use us for your after the event insurance needs .
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