After The Event Insurance

What is After the Event (ATE) Litigation Insurance and what are the benefits?


After the Event (ATE) Insurance protects litigants in respect of adverse costs awarded against them in the event that their claim is unsuccessful.  It is usually the responsibility of the unsuccessful party in the litigation to have to pay a significant proportion of the winner’s costs, as well as their own.  ATE Insurance offers a safeguard against all or part of that risk. 

Standard ATE cover will meet the other side’s costs, and sometimes cover can be extended to include an element of the litigant’s costs (e.g. Counsel’s fees) in investigating and pursuing the claim.  

Having ATE cover in place enables you to sleep more easily and means your opponent will find it harder to outmuscle you. 

Please note that it is not possible to obtain ATE without having appointed a Solicitor. 

How ULP can help?


ULP have over 15 years’ experience and expertise in this field - we provide the highest level of professionalism.

We assist in optimising proposals/submissions to Insurers, and we use our expertise and relationships to your advantage.

We can really help improve the odds of securing one or more Quotations.

How much does After the Event (ATE) Insurance cost?


The good news is that an ATE premium (the cost) is usually only payable if you win and when you win (if you lose there is nothing to pay). 

Plus, premiums are normally variable, meaning the sooner/earlier you win, the less you will have to pay (so an early settlement may make commercial sense). 

But - and there’s no beating about the bush - ATE is usually expensive because most litigation is risky, especially if your Opponent is disinclined to settle with you. The longer a case runs, the riskier it becomes (in terms of the consequences of losing). If you win late in the day or in Court, the premium/cost will invariably be very expensive. 

As a ‘ballpark’ - and based on many years’ experience - the cost of ATE as a global average tends to be between 20% and 30% of the amount of cover purchased. 

You could limit your budget as to the premium; we could seek as much cover as your budget will allow (and, if you share in the risk, an Insurer may charge less). 

If you are seeking a cost benefit analysis of your litigation, why not use our Consultancy Service.




I want to apply for ATE what do I do?


Stage 1
Take Our Test to Gauge Your Suitability

Not every case or litigant meets the right requirements for ATE.  Our test will help you to see if it is worth applying for ATE.


Stage 2
Submit Proposal Form

Your Solicitor needs to complete our Proposal Form and return it to us along with supporting documentation.


Stage 3
Pay Our Fee

We normally charge an Application Fee of £250 (no VAT) for providing our broking service for each Proposal submitted to us. 


Stage 4
Wait for the Insurers’ Feedback

Depending on the complexity of the case and the quality of the supporting documentation, we aim to be back to you with the Insurers’ responses within two to three weeks.


Stage 5
Get Quotations

If we can get you one or more Quotations, we will set these out to you in a formal letter, and simultaneously enclose relevant documentation to you.


Stage 6
Get a Policy

If you accept an offer from an Insurer, we will get that Insurer to issue you with your ATE Policy. Then it’s good luck with winning your litigation!




Proposal Form


In order for us to seek quotations/offers for you, please ask your Solicitor to complete a Proposal Form on your behalf and return it to us. 

We charge an Application Fee of £250 (no VAT) for providing our broking service for each Proposal submitted to us. 

By all means  take our test  to gauge whether it is worth applying. 

 

Frequently Asked questions


We have compiled a list of frequently asked questions and answers. But if your question is not listed, do call or email us.