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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll