ATE Insurance Brokers UK: How to Choose (2025)

Overview

An ATE insurance broker is an intermediary who helps claimants (and sometimes their solicitors) arrange after-the-event insurance. ATE cover is a type of legal expenses insurance taken out once a dispute has already arisen, usually to protect against adverse costs orders, which is the risk of paying the defendant's legal costs if the claim fails.

Brokers don't issue policies themselves. They work with a panel of insurers and match claimants to the policy that best fits the type of case, its value, and its prospects of success. A broker's role typically includes assessing whether ATE is suitable at all, presenting the case to insurers, negotiating terms, and handling the paperwork through to policy inception.

Some brokers specialise in particular claim types, such as personal injury, clinical negligence, commercial disputes, or insolvency work. Fees vary, and payment structures range from flat charges to a percentage of the premium. Because the ATE market is relatively niche and policy wording can be technical, most claimants benefit from going through a broker rather than trying to approach insurers cold.

Key steps

1. Work out whether ATE is right for your claim. Not every case needs or qualifies for ATE cover. Speak to your solicitor about the risk of an adverse costs order, the likely level of opponent's costs, and whether your funding arrangement (such as a conditional fee agreement) already builds in some protection. A broker can help you think this through based on what you describe.
2. Shortlist brokers with relevant experience. Look for brokers who regularly handle your type of claim. A broker who lives and breathes clinical negligence won't necessarily be the best fit for a commercial contract dispute. Check their website, ask your solicitor for suggestions, and look at how long the firm has been trading in this specific market.
3. Compare what each broker offers. Ask each shortlisted broker which insurers they work with, what kinds of policies they can access, and how they handle rejected applications. A broker with a broader panel generally gives you more options, particularly if your case is higher risk or unusual in some way.
4. Understand the fees before you commit. Brokers may charge a fixed fee, a success-based fee, or take a cut of the premium. Get the charging structure in writing, including what happens if you withdraw the application or the insurer declines cover. Don't assume the cheapest broker delivers the best outcome, sometimes the cheapest route leads to narrower cover.
5. Review the policy terms, not just the premium. The headline premium matters, but so does what's actually covered. Check the indemnity limit, the excess, whether own-disbursements are included, and the circumstances in which the insurer can avoid or cancel the policy. A good broker will talk you through each of these before you sign anything.

Common questions