After the Event Insurance (ATE)

After-the-Event (ATE) Insurance is potentially available to protect you against the risk of having to pay the other side’s fees, in the event your claim being unsuccessful. ATE insurance can also insure you against the risk of having to pay your own disbursement fees (e.g. medical report costs).

How can I obtain ATE insurance?

Your solicitor will be familiar with After-the-Event Insurance and will be able to advise you of the procedure to obtain a policy. Most solicitors will carry out the investigations for available policies on your behalf.

How do I pay for After the event insurance?

This depends on the insurance company. Some insurers require an upfront premium, whereas others will act in a similar way to a solicitor on a ‘No Win, No Fee’ basis i.e. they will not charge you upfront but only in the event of a successful outcome. Some people refer to these as ‘No Win, No Fee’ insurance policies for this reason.

Can I claim the cost of the policy back from the other side if I win my case?

Yes. It should be possible to recover the cost of the insurance premium from the losing party. However, as with a ‘No Win, No Fee’ arrangement, there can be some situations where a full recovery is not always possible. Your solicitor will advise you further with regards any potential liabilities you could face.