Are staged ATE insurance premiums a risky business? asks Amanda Shearer

After the event (ATE) insurance is purchased after a legal dispute has arisen to provide cover for the costs incurred in the pursuit or defence of litigation. The premium for this insurance is, in principle, recoverable by the successful litigant as part of their costs from the losing party. In Rogers v Merthyr Tydfil CBC [2006] EWCA Civ 1134, the Court of Appeal had no objections to the staged premium payable under the policy, notwithstanding that the total premium exceeded the damages payable to the claimant.

The facts

In Rogers, a minor (R) suffered personal injury in a playground. The claim had been funded by a conditional fee agreement and, when it became clear that the matte...

Jean-Yves Gilg
Editor
Solicitors Journal

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