header-logo header-logo

08 September 2011 / Tina Campbell
Issue: 7480 / Categories: Features , Regulatory , Insurance / reinsurance
printer mail-detail

Under cover?

What tactics are available to defendants to challenge ATE premiums in legacy claims, asks Tina Campbell

In the mid-1990s the government slashed the availability of legal aid to fund claims and instead permitted the use of conditional fee agreements (CFAs). The retention of the “loser pays all” costs principle and the potential exposure of unsuccessful claimants to adverse costs awards led to the development of after-the-event (ATE) insurance cover to work alongside CFAs. The Access to Justice Act 1999 introduced ATE insurance and allowed its recoverability. Claimants could now litigate without cost or risk to themselves. Further endorsement of the recoverability of the ATE premium came in the landmark case of Callery v Gray [2001] EWCA Civ 1117, [2001] 3 All ER (D) which allowed recovery of an ATE premium at the settlement stage. This led to a proliferation of claims backed by an ATE policy.

Over the ensuing decade a range of problems and additional burdens have been imposed upon defendants as a result of the increase in the use of ATE insurance.

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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
back-to-top-scroll