Commercial Litigation
Scheme Overview and Details
Scheme Overview
Temple can offer delegated authority schemes that allows a firm to issue certificates of insurance to their clients directly without referral to us.
Once a policy has been issued, the scheme provides full delegation in respect of the case management, which gives the firm freedom to run cases to trial without having to obtain our consent at any stage, such as when you wish to issue proceedings or reject offers of settlement.
We do not insist on written updates at various stages throughout the life of a policy as all updates are provided by way of a simple set of ‘status codes’ updated via Temple's Online Policy System (TOPS).
What are the benefits of the scheme?
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To you:
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To clients:
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- Benefit from an increased financial income by adopting a CFA and success fee
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- A combination of a CFA and ATE insurance ensures that your clients can pursue litigation without fear of having to pay any adverse costs orders
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- Protect yourselves against professional negligence claims by meeting your obligation under the Solicitors Code of Conduct by discussing their insurance options
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- The premium is deferred until the conclusion of the legal action. If the case is won then the premium is recovered from the opponent
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- Have a strong offering to attract clients who would otherwise be wary of pursuing litigation
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- The premium is self-insured so your client will not have to pay the premium if the case is unsuccessful
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- Impress clients and build loyalty by protecting them against any adverse costs orders
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- It creates a level playing field for those clients without the financial strength of their opponents
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Scheme Details
How does the scheme work?
If you agree to act for a new client under a CFA and this client does not have any other methods of funding available then that client is eligible for ATE insurance.
You then undertake a risk assessment, which incorporates the scheme criteria agreed with you and provided that the case falls within those criteria, then you can issue a policy to your client.
The next stage is to log into the Temple Online Policy System (TOPS) where an easy to follow step by step process allows you to issue a policy.
This client is now insured and, instead of providing written updates, you provide Temple with updates at the important stages of the litigation (such as when issuing proceedings) by simply changing the ‘status code’ by logging into TOPS
If the case is successful, the premium is recovered from your opponents and if it is unsuccessful, you can complete a claim form and submit details of your claim to Temple.
Key features of a delegated scheme from Temple
- A wide range of cases can be insured
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- Our premiums are very competitive in the ATE insurance market and are regularly u[held on assessment.
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- Reporting requirements are kept to a minimum and you do not need our consent to issue proceedings or reject offers of settlement
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- Our delegated authority scheme provides full Part 36 cover
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- Policies can have limits of indemnity from £25,000 to £250,000
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- Our premiums are stepped and include a reduced premium in the event that liability is admitted during the protocol period and the matter settles pre-issue.
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