ATE Insurance UK: Eligibility & How to Qualify

Overview

After the Event insurance is a policy you buy once a legal dispute has already started or is clearly on the horizon. It differs from Before the Event (BTE) cover, which is the legal expenses insurance sometimes bundled into home or motor policies and taken out long before any problem arises.

The main purpose of an ATE policy is to protect you from the financial fallout of losing a civil claim. Depending on the wording, it can cover the other party's legal costs if the court orders you to pay them, your own disbursements (such as court fees, barrister's fees and expert reports), and in some cases your own solicitor's costs.

Premiums are often deferred and self-insured, meaning you only pay if you win, and in certain case types the premium can be recovered from the losing side. ATE is not available for every type of dispute, and insurers tend to be selective about the cases they back.

Key steps

1. Check whether your case type is eligible. ATE cover is generally aimed at civil litigation such as personal injury, clinical negligence, professional negligence, contractual disputes, inheritance disputes and housing claims. It is not usually offered for criminal matters, most family proceedings, or employment tribunal cases, so confirm early that your dispute falls within an insurer's appetite before going further.
2. Get a merits assessment from a solicitor. Insurers rarely look at a case cold. In most cases a solicitor will need to review the facts and provide a view on prospects of success, typically needing to assess the claim as having better than even chances. This assessment forms the backbone of any ATE application, so the stronger and more evidenced your case, the more likely cover will be offered.
3. Gather the supporting paperwork. You will usually need a case summary setting out what happened, the legal basis of the claim, the remedy sought and the key evidence. Depending on the dispute, this can include correspondence, contracts, medical records, expert reports, witness statements and a realistic estimate of the damages being pursued.
4. Provide details of your funding arrangement. If you are working under a conditional fee agreement or damages-based agreement, the insurer will want to see it. They need to understand how your solicitor is being paid, what costs you are personally exposed to, and how the policy fits alongside any existing BTE cover you may already hold through another insurance product.
5. Review the policy terms before signing. If cover is offered, read the schedule carefully. Pay attention to the indemnity limit, what is and is not covered, any conditions that could void the policy (such as failing to follow counsel's advice or rejecting a reasonable settlement offer), and whether the premium is deferred, contingent on winning, or payable upfront.