header-logo header-logo

Insurance surgery: ATE (Pt 2)

Friends with benefits: Richard Whale dispels some myths about after the event insurance

For many years, commercial litigators thought after-the-event (ATE) insurance was a personal injury phenomenon of no direct interest. But as pressure from clients over costs and risk sharing continues to increase, many have come to the realisation that this is far from true. 

The prospect of insuring against the risk of losing and then having to pay the other side’s costs and your own disbursements has considerable appeal, not only to the client with little spare cash, but also to the company that could afford to pay but wants to remove the risk from their balance sheet.

ATE is usually seen supporting conditional fee agreements (CFAs), and these are also becoming more common in the commercial world. There was a great deal of publicity around Addleshaw Goddard agreeing a CFA with Russian oligarch Boris Berezovsky for his (ultimately unsuccessful) action against Roman Abramovich. A range of other commercial law firms have also announced their willingness to work under CFAs, supported by ATE from

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll