After The Event Insurance (ATE Policy)
After the event (ATE) insurance is insurance cover you can take out, after an event, which covers legal costs up to a certain amount.
For example: Your employer breaches your employment contract and you want to pursue a claim against them. You can take out an insurance policy to cover the legal costs of pursuing your claim to a settlement.
What does after the event insurance cover?
Legal expenses insurance after the event typically pays out if you have been unsuccessful (If you win your claim, or reach a favourable settlement, you won't get your costs back from your insurer).
Your policy might cover you against having to pay the other party's costs, or your own legal costs, or both. This makes ATE insurance especially helpful if your claim goes through the civil court, rather than tribunal, as in most court cases the loser pays the other side's legal costs.
There is no cap to the amount of cover that an ATE policy can include. However, as with any insurance policy, the higher the cover, the higher the premium.
Commercial insurers have different policies. It's important to review and negotiate the terms of your policy to make sure your policy is right for you.
What is an ATE premium?
The premium is the payments you make in exchange for your cover. They will be higher if you need cover for a larger sum.
You can usually pay a tiered or stepped premium, where you only have to pay specific parts of the premium, for additional cover. This is triggered at pre-defined stages.
Sometimes you can pay a 'deferred premium' which is payable after the case is concluded.
Some insurers may offer a 'contingent premium' which means that you don't have to pay anything if you lose.
Your insurer will consider many factors when choosing whether to insure you and setting your premium, including the skill level of your legal team. Beware of instructing a cheap, inexperienced solicitor as this may make you unviable to insurers, or increase your premium.
Are ATE insurance premiums recoverable?
No. You cannot recover your ATE Insurance premium from the other party with the rest of your legal expenses on any policies taken out since april 2013. There are some exceptions however, including: insolvency, defamation, and some personal injury claims.
Frequently Asked Questions
Before the event legal expenses insurance cannot be taken out after the event for which you are making a claim. Before the event legal expenses insurance includes legal expenses cover as part of your home insurance. Many people have legal expenses cover in this way without realising.
Do you have a problem with your employer?
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This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of our company. For employment law advice please get in contact and speak to your employment law solicitors.
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