ATE Insurance Claim UK: How to File Step-by-Step

Overview

ATE insurance is a policy taken out after a legal dispute has already arisen, usually once proceedings are being contemplated or have begun. Unlike Before the Event cover, which sits on household or motor policies before anything has gone wrong, ATE is bought specifically for the litigation in question.

The purpose is to protect a claimant (and occasionally a defendant) against the financial downside of losing, which in England and Wales typically means paying a share of the opponent's legal costs under the 'loser pays' principle, along with disbursements such as court fees, expert reports and barrister fees. Policies vary widely.

Some cover adverse costs only, some extend to your own disbursements, and some include premium deferral so nothing is payable unless the case is lost. The key point is that an ATE policy is a contract with an insurer, and making a claim on it means meeting the conditions that contract sets out, including notification deadlines, evidence requirements and cooperation duties.

Treating it as a formality rather than a proper claims process is one of the most common reasons good cases end up with declined payouts.

Key steps

1. Read your policy wording carefully before doing anything else. Every ATE policy is different. Pull out the schedule and the full terms, then identify the notification deadline, the named insurer contact, any exclusions that might apply, and the exact documents you are required to provide. Make a note of whether the policy requires you to notify on settlement, on judgment, or simply on the case coming to an end.
2. Notify the insurer promptly once the case concludes. Most policies require notification within a short window, often between 14 and 30 days of the case ending, though some are shorter or longer. Send written notice to the address or email shown in the policy, confirm the policy number, and briefly set out what has happened and why you are claiming. Doing this early keeps your options open even if the full paperwork takes longer to pull together.
3. Assemble the supporting documentation. Insurers will typically want a copy of the policy itself, the sealed court order or signed settlement agreement, an itemised breakdown of costs and disbursements you are claiming for, copies of your solicitor's invoices, and any expert reports or medical evidence that relate to the case. Correspondence with the opposing party about offers, admissions or Part 36 positions is also often requested.
4. Submit the formal claim with a clear narrative. Package the documents together with a covering letter or claim form that walks the insurer through the history of the case, the outcome, and exactly what you are asking them to cover. A short chronology helps. If any conduct issues arose during the litigation, such as missed deadlines or refused offers, address them head on rather than leaving the insurer to find out later.
5. Cooperate with the insurer's queries and keep records. The claims handler may come back with follow-up questions, ask for further evidence, or want to speak to your solicitor. Respond quickly and keep a paper trail of everything you send. If the claim is declined or only partially accepted, you may have internal appeal rights with the insurer and, ultimately, access to the Financial Ombudsman Service depending on the policyholder's status.