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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast aims to give an overview of After The Event (ATE) insurance and its role as a risk transfer solution in civil litigation. It will explain how it works in practice and also aims to explain solicitors’ duties in relation to advising on ATE insurance, whether it will survive the Jackson reforms and any tactical or pecuniary benefits for litigants who use it.

After completing the course you will:
  • Understand what role of ATE is in civil litigation and what it can be used to cover;
  • Understand how to go about obtaining ATE cover for a case;
  • Understand the key differences between BTE and ATE insurance;
  • Be aware of how the ATE market has developed;
  • Understand who pays the premium on an ATE policy and how that is calculated;
  • Understand the difference between a self insured premium and a conditional premium;
  • Understand how the premium is recoverable from the losing party in litigation and how this might change in the future;
  • Know how one can seek to justify any ATE premium as reasonable and proportionate to ensure it’s fully recoverable;
  • Understand the point at which the ATE premium becomes recoverable;
  • Understand what is meant by risk alignment and how this is achieved using ATE in conjunction with other tools such as CFAs and third party funding arrangements;
  • Understand the professional obligations on solicitors to discuss ATE with their clients;
  • Understand whether ATE will cover interim cost liabilities pending the outcome of the claim and whether an ATE policy can be adequate security for costs;
  • Be aware for any possible risk of conflict between an ATE insurer and a third party funder;
  • Understand what proposals Lord Justice Jackson has made with regard to ATE and what the abolition of recoverability may mean for litigants going forward.
General Interest Difficulty: 2 of 5
Market Update / Hot Topic
Practical Guide
Sources and References:
  • Rogers v Merthyr Tydfil CBC [2006] EWCA Civ 1134.

In this podcast Matthew Amey explains the rise of After The Event Insurance in the wake of Legal Aid’s disappearance from civil litigation. It addresses cover and payment structures of this industry are explored in detail, as is its relationship with the Conditional Fee Arrangement and third party funding. Difficult concepts such as offset provisions, risk alignment and delegated authority schemes are clarified as well as the obligations on solicitors advising clients on ATE, as are the statutory provisions regarding recovery and what might happen to ATE if recoverability is abolished.

Podcast recorded: 08/02/12

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