Podcast Location:
Download it here [file size: 24.5 MB]
Categories:
Insurance Law
Costs & Funding
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to give an overview of the concepts in After The Event (ATE) insurance, and explain how it works in practice. It also aims to explain solicitors’ duties in relation to advising on ATE insurance and the tactical and pecuniary benefits of so doing for both parties.

Outcomes:
After completing the course you will:
  • Know what costs are usually covered by ATE insurance packages;
  • Understand how ATE functions when a Part 36 offer is made and not beaten;
  • Distinguish between self-insured and contingent premiums;
  • Know what test must be met for ATE premiums to be recoverable;
  • Understand the concept of risk alignment, offset provisions and delegated authority schemes.
Level:
Complex Difficulty: 4 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • s.29 Access to Justice Act 1999 c. 22;
  • Rogers v Merthyr Tydfil CBC [2006] EWCA Civ 1134; [2007] 1 W.L.R. 808;
  • Solicitors’ Costs Information and Client Care Code 1999, Rule 2.

In this podcast Matthew Amey explains the rise of After The Event Insurance in the wake of Legal Aid’s disappearance from civil litigation. The possible terms, cover and payment structures of this fledgling industry are explored in detail, as is its relationship with the Conditional Fee Arrangement. Difficult concepts such as offset provisions, risk alignment and delegated authority schemes are clarified for the timid solicitor, as are the statutory provisions regarding recovery.

Following Lord Justice Jackson's 2010 report on costs in civil litigation this podcast is currently under review

Podcast Added: 28/11/2008

Podcast last reviewed: 2011-07-25

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