What is After the Event (ATE) insurance?
After the Event (ATE) is a type of Legal Expenses Insurance policy taken out after a legal dispute has arisen. It is intended to cover the costs of taking a case to trial and protects the policyholder from the risk of having to pay their own disbursements and the opponent's costs and disbursements, particularly in the event that the case is lost. The policy will cover a variety of costs including Counsel's fees, court fees and expert reports.
How does ATE differ from traditional Legal Expenses Insurance?
Traditional Legal Expenses Insurance (before the event) is intended to protect the policyholder from the risk of legal costs arising from an event which may occur in the future. ATE is a specialist insurance product, which can only be purchased once an event has already happened i.e. for personal injury cases, the injury must have already occurred.
How much does it cost?
The cost of the ATE premium will be dependent on the type of case and at what stage in the proceedings the policy is incepted. The earlier the policy is taken out, the more economical it is for the client and will ensure they are fully protected.
Premiums can be either staged or non-staged. A staged premium is normally calculated as a percentage of the amount of cover required.
DAS LawAssist does not charge assessment fees so if you have a case that you would like to discuss please call our team on 0370 241 1345.
How will my client pay for ATE insurance?
Since the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2013 (commonly referred to as LASPO), ATE premiums are generally no longer recoverable where the insurance policy is incepted after the 1st April 2013. In these instances, the cost of the premium is payable by the policyholder and is commonly deducted from the compensation awarded. However for policies incepted before this date, it is a recoverable disbursement in most types of litigation.
All of our premiums are self-insured meaning if the case is lost there will be nothing for your client to pay.