After the Event (ATE) insurance can be arranged to cover disbursements, which are the out-of-pocket expenses incurred during litigation. These typically include costs for expert reports, court fees, barristers' fees, and other necessary expenditures. Coverage for disbursements is often included in ATE policies, providing financial protection against these costs in the event of an unsuccessful claim.

However, it's important to note that not all ATE policies offer the same level of coverage. The extent to which disbursements are covered can vary depending on the insurer and the specific terms of the policy. Therefore, it's crucial to carefully review the policy details to understand the scope of coverage for disbursements.

At TheJudge, we specialise in tailoring ATE insurance policies to meet the specific needs of our clients. We work closely with you to ensure that your policy provides comprehensive coverage, including for disbursements, to effectively manage the financial risks associated with litigation.

After the Event (ATE) insurance can serve as an effective means of providing security for costs in the UK, provided the policy is carefully structured to include necessary endorsements, direct enforceability, and adequate coverage, however whether it is accepted as security for costs is ultimately a matter for the court.  Our team can advise on structuring an ATE policy that aligns with current case law criteria, increasing the likelihood of court acceptance as sufficient security for costs.

Engaging an After the Event (ATE) insurance broker like TheJudge can be highly beneficial when navigating the complexities of legal expenses insurance. Here's why:

1. Expert Guidance and Tailored Solutions

As ATE insurance brokers, we specialise in understanding the intricacies of legal expenses insurance. We can assess the specifics of your case and recommend policies that best align with your needs, ensuring comprehensive coverage and optimal terms.

2. Access to a Wide Range of Insurers

We have established relationships with multiple ATE insurers, providing access to a broader spectrum of policies and premium structures. This network allows us to complete a market search, compare options, and secure competitive offers. 

3. Assistance with Complex Cases

For intricate or high-value cases, we can navigate the nuances of ATE insurance, ensuring you have the best chance of securing an offer of insurance. We can also evaluate and help you strengthen your application – as we know what insurers are looking for.  

4. Cost-Effective Premium Structures

We can help negotiate and structure ATE insurance premiums in a way that aligns with your financial situation and likely settlement points in the case, including options for deferred or contingent premiums, thereby easing cash flow concerns.

The Best way to get multiple quotes of ATE insurance is to use a specialist litigation insurance broker, like TheJudge.  While lawyers can gather multiple ATE insurance quotes by contacting insurers individually and then comparing the quotes, policy wordings, and structures most lawyers find this time-consuming and complicated. ATE Insurance brokers who work with multiple insurers and policy wordings every day, can simplify the process, provide expert guidance, and help secure the most appropriate and cost-effective coverage for your client’s needs.

The amount of time it takes to get an insurance quote can vary based on the complexity of the case,  the amount of cover required, the quality and completeness of the application, and other factors; however, in most cases terms can be reached in 7-14 days.

ATE insurance premiums can vary greatly depending upon the risk profile of the matter. They are usually calculated as a percentage of the sum insured (the amount of cover the policy offers). The higher the risk profile of the matter, the higher the percentage is likely to be.

A Damages-Based Agreement is a UK contingency fee arrangement where the lawyer only gets paid if the case is successful—usually as a percentage of the damages recovered.
If the case loses, the lawyer gets nothing for their time and costs.

DBA insurance protects the law firm against the financial loss of an unsuccessful case.
Specifically, it can cover:

• A portion of unrecovered time costs (the lawyer’s fees that go unpaid if the case loses)

• Disbursements (such as expert fees or court costs, depending on policy terms)

With DBA insurance in place:

• Firms can confidently offer DBAs to clients.

• Gain a competitive edge in pitching for claimant work.

• Share risk is with an insurer, so it is not borne entirely by the firm.