Case Funding Limited is a leading After The Event Insurance (ATE Insurance) broker and underwriter of after the event legal expenses insurance (ATE Insurance)). We provide our clients with total peace of mind when needing ATE Insurance cover, as all our After The Event Insurance (ATE) policies are simple to understand, very cost effective and can be tailored to your client's specific requirements.

Our ATE policies can cover personal injury, clinical negligence, insolvency and bankruptcy, commercial and contractual, financial mis-selling, road traffic accidents or any type of litigation.
We can offer deferred After The Event Insurance (ATE Insurance) payment terms and as our ATE Insurance premiums are always competitive you should never have a problem with ATE Insurance premium recovery.

After The Event Insurance (ATE Insurance) Frequently Asked Questions

What is After The Event Insurance (ATE Insurance)?

It should always be the case, in the view of Case Funding Limited, that if you are able to engage a solicitor who will work for you on what is known as a 'no win - no fee' basis, the terms of which will be set out in a Conditional Fee Agreement (CFA) and if any financial risks which might ever flow form your instructions to that solicitor under the CFA are indemnified through an After The Event Insurance (ATE Insurance) policy by an insurer who is covered by the Financial Services Compensation Scheme, then, it seems to us that it must be all but impossible for you to ever incur any personal financial loss as a consequence of the commencement of your claim as long as your are compliant with the requirements of any conditions imposed upon you within both the terms of the CFA and the After The Event Insurance (ATE Insurance) policy (Always ensure you have a copy of each).

The conditions which are most likely to be imposed upon you would most likely relate to honesty and to continuing co-operation in the progress of your claim.

After The Event Insurance (ATE Insurance) cover should be obtained at the outset of a case if for no other reasons than, at this point, the ATE Insurance underwriters regard the risk of loss as being at a minimum and, in many cases, ATE Insurance premiums can be offered in a 'stepped' form only increasing as the case progresses but reducing costs overall.

Many solicitors do not request After The Event Insurance (ATE Insurance) cover at the outset of a case, seeking cover only after liability or other issues of dispute arise.

This is effectively 'case speccing' which is in breach of the FSA SCOPE Regulations and is seen as 'self insuring' ; actively discouraged by the Solicitors Regulation Authority (SRA).

Applications for After The Event Insurance (ATE Insurance) cover on your case can be simply submitted by your solicitor on-line via our website www.casefunds.co.uk ; there should be no need at all for a barrister to become involved at the start of a case as the prospects of success are in the first instance a matter of judgment for the solicitor making the application and, as long as they are in the region of 60% (preferably as high as justifiably possible), quotes for ATE Insurance cover can be obtained from a variety of ATE Insurance underwriters based on the on-line application only - certain additional documents may always be called for by the ATE Insurance underwriter dependant upon the type and content of the application submitted.

 

Self insured ATE Insurance premiums: Just what does this mean?

W are used to the concept by now and, probably, you are too if you are a Lawyer..

But, I (Alan Burdett, Solicitor (non-practicing) and Managing Director of Case Funding Limited) was speaking to a potential claimant recently and, being concerned about potential legal costs losses, the subject moved on to the provision or availability of some form of protection in the event that the case was not successful – before or after the event insurance (ATE Insurance) products.

Now, working at Case Funding Limited where, even if I say it myself, we specialise in the provision of bespoke after the event insurance (ATE Insurance) protection from a range of underwriters, certain terms are used as part of normal conversation that you don't expect to be challenged so when I added ''and it will all be self insured'' I was surprised by the blank gaze.

You see, for the majority of us, insurance is a protection against a possible future event that you pay for in hard cash and usually up front. The novelty of having the benefit of that protection without finding the cash to fund it seems unreal and when it is described to you as 'self funding' it is not unreasonably something that, at first at least, you ask to just have explained to you one more time.

There are different definitions but one insurer says a self insured premium means ''that the insurance company has agreed to insure the cost of the premium as part of the policy coverage. Therefore, in the event of an unsuccessful outcome the insurance company will not seek payment of the ATE Insurance premium''.

In the event of a successful outcome, of course, the ATE Insurance company would expect the losing party to pay it as a legitimate disbursement of the successful claimant (or defendant). It really is that simple. ATE Insurance companies do not collect ATE premiums on many losing cases and are probably more concerned about what they are paying out on those losing cases anyway!

Not all ATE Insurance policies will have ATE Insurance premiums self insured in this way and there are numerous bespoke options where ATE Insurance premiums are in fact paid up front. If you want any more information on this point, contact Alan Burdett Solicitor (Non Practising) at Case Funding Limited.

 

What is all this No Win, No Fee about and what types of ATE Litigation Insurance is there?

"No Win No Fee" is the term used to describe the Conditional Fee Agreement (CFA) between a law firm and their client.

In a personal injury claim, for instance, this is an agreement between the client and their lawyer, which will enable the lawyer to take on a case on the understanding that if they lose the case, the client will not have to pay their lawyer's costs, BUT may still be responsible for the other side's costs - the bit they sometimes fail to mention !!

If the lawyer wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English law, the success fee cannot be greater than 100% of the lawyer's standard fee.

If the client wins their case, either the losing party's insurers will negotiate an agreeable settlement or the Court will make an award of damages. In addition, the defendant will be required to pay the client's legal costs including any uplift of fees as well as expenses including the ATE Insurance premium. With most Conditional Fee Agreements, the client will have nothing to pay and will receive 100% of any compensation awarded in their claim - unless they lose.

How do I ensure that if I lose I have nothing to pay? Well, your lawyer could obtain for you an After the Event Insurance (ATE Insurance) policy. This is effectively a funding document obtained on behalf of the client to indemnify against the costs risks mentioned earlier. This After The Event Insurance (ATE Insurance) should be taken out when a Conditional Fee Agreement (CFA) is entered into simply because the client, having been told that he or she will have to pay nothing, should have some form of third party indemnity (ATE Insurance) in place to ensure that is the true position. ATE insurance is specifically designed to protect the client from the risk of legal costs from either their own lawyer (own disbursements) or those costs incurred by an opposing party (Defendant) in the event that the case fails at some point.

There are other alternatives to funding a claim.

These include:

• Legal Expenses Insurance (LEI)(BTE),

• Legal Aid

• Paying for own Legal Costs

This can also be referred to as before the event insurance (BTE), and is insurance that the client may already hold as part of Household Contents or Car Insurance, either free or for a small fee.

Some credit cards also include BTE insurance and it can also be taken out as a separate insurance policy. BTE insurance may pay for the legal costs when making a claim for compensation but do read the small print as many of these policies are not worth the paper they are written on. A solicitor will be able to identify if a client holds this type of policy and complete the necessary claim form if it can be used. The 2008 report from the Ministry Of Justice found that in 2007, 48% of those who took part had BTE Insurance incorporated into their Car Insurance, 35% had BTE Insurance as part of their Home Insurance policy and a further 17% had the insurance as part of their Travel Insurance.

Legal Aid

Legal Aid is financial assistance which is funded by the Government. Legal Aid is not usually awarded in cases of personal injury save in some exceptional circumstances such as Clinical Negligence cases.

Paying for own Legal costs

Due to the assistance that is available through insurance policies it is rare that an individual will fund their own personal injury claim although it is possible. As with all Legal fees if the client's claim is successful they will be in a position to claim back the cost of their expenses from the other side. If their claim is unsuccessful they will lose the money that they have paid out.

If you have any more questions relating the After The Event Insurance (ATE) please feel free to contact us and we will be happy to help.