Q&As

In a companies court claim commenced after 1 April 2013, is the cost of after the event insurance premiums recoverable?

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Produced in partnership with Alex Bagnall of Total Legal Solutions
Published on LexisPSL on 05/12/2017

The following Dispute Resolution Q&A produced in partnership with Alex Bagnall of Total Legal Solutions provides comprehensive and up to date legal information covering:

  • In a companies court claim commenced after 1 April 2013, is the cost of after the event insurance premiums recoverable?
  • Introduction to ATE insurance and the historic position
  • The position post-LASPO
  • Exceptions
  • Transitional provisions
  • In the Companies Court

In a companies court claim commenced after 1 April 2013, is the cost of after the event insurance premiums recoverable?

In this Q&A we have focussed on the recoverability of after the event (ATE) insurance premiums generally.

Introduction to ATE insurance and the historic position

ATE insurance operates to provide litigants with an indemnity for any adverse costs in litigation and, often, for any disbursements which they have incurred in unsuccessful cases. Such premiums are frequently ‘self-insured’ with the effect that the premium only becomes payable in the event the claim is successful.

Before 1 April 2013, in the vast majority of cases the cost of an ATE insurance premium was recoverable from the paying party.

The position post-LASPO

On 1 April 2013 many of the provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) came into force. The effects of LASPO 2012 were wide-ranging and are summarised in Practice Note: Summary of the Jackson April 2013 reforms [Archived].

LASPO

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