With a team dedicated to legal profession and considerable experience providing After the Event (ATE) insurance, also referred to as Litigation insurance, it's no coincidence over 150 law firms throughout the UK use CLEAR. We work with many of the top 100 law firms in the country to provide expert advice and source ATE insurance that will guard against an adverse outcome in your case.
Unlike traditional insurance, ATE insurance is taken out by the insured once their claim has commenced. Insurers will consider providing cover for the risks associated with a claim being unsuccessful if they believe that the case enjoys good prospects of success. Third Party Funding (TPF) can also provide the necessary funds for own legal fees and disbursements if a conditional fee agreement or Damages Based Agreement is not appropriate.
By using ATE insurance, TPF or a combination of both, we will be able to provide a package that will allow access to justice for claimants and provide solicitors with a commercially viable proposition. CLEAR is the ideal partner for complex litigation matters.
Cover features and benefits
Firm or practitioner does not need to be engaged on a CFA
CLEAR will always start by trying to find a provider that will defer the premium until the successful conclusion of the case, reducing your burden of upfront costs
We will negotiate a wording that will maximise the chances of using the ATE policy as security for costs in the event a security for costs application is made by the defendant
With access to non-traditional ATE markets, CLEAR can provide extra indemnity if needed
CLEAR has access to Third-Party Funders for cases where damages sought are in excess of £500,000
Scheme arrangements for Clinical Negligence cases
Access to our dedicated and experienced in-house claims team
Here are some of the most frequently asked questions we receive about our After the Event cover.
How much will an ATE insurance policy cost?
Each case is underwritten on its own merits so it is very difficult to provide examples of premium ratings. Having said that, CLEAR will always try to source various quotes so you will be able to compare the cover available and pricing. This approach will allow you to make an informed decision and have access to the best cover at the best price.
Is the premium deferred until conclusion?
CLEAR's starting point will always be to obtain a premium that only becomes payable at successful conclusion, however this is not always possible.
Does my solicitor or lawyer have to be on a CFA or DBA?
No. ATE insurers will consider cases where you are paying your legal fees, although it does help if the solicitor is on a CFA as this demonstrates that you have a strong case.
What will the policy cover? Own costs? Disbursements? Adverse costs?
Cover can be obtained for adverse costs and own disbursements. Cover for own solicitor and own counsel fees is available in limited circumstances, but is typically difficult to obtain.
Can I use the ATE policy as security for costs?
Potentially, yes. There have been many legal cases recently regarding ATE and security for costs, and the courts will look at the specific policy wording to determine if ATE can be used as security for costs. We will work with you in advance to obtain the most favourable wording.
How long does the underwriting process take?
This depends on the complexity of the case and the LOI being sought. As a guideline however, around two weeks is typical for a case with a LOI below £100k, and around one month for a LOI greater than that.
What type of cases can I insure?
Typically, you can obtain After the Event insurance for any case where you have the potential of facing an adverse cost order if you are unsuccessful, and where the defendant has the ability to pay damages and costs in the event that you are successful.
Speak to a specialist, Nick Mace, to arrange your insurance cover.