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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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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