Here is some further information which we hope provides answers to questions you may have. If you have any additional queries, please call us on 01483 577877.
Following the introduction of the Legal Aid Sentencing and Punishment of Offenders (LASPO) Act 2012, with effect from 1st April 2013, the recoverability of success fees and ATE insurance premiums was abolished except for claims by liquidators, trustees in bankruptcy, administrators and companies being wound up or in administration; further, claims for publication and privacy proceedings are also excluded from the effect of LASPO (see LASPO (Commencement No.5 and saving provision) Order 2013 18th January 2013) and therefore the ATE premiums can be recovered from the unsuccessful opponent.
For all other types of litigation, the premium is payable by either the insured,or the law firm acting. The premium is however only paid at the conclusion of the legal action, and only if the case is successful.
The insurance will indemnify the insured’s liability for their opponent’s costs and own disbursements, excluding own counsel’s fees.
No. The assessment by Temple’s expert underwriters is completely free and we do not charge any fee for joining a delegated authority scheme.
Temple assist you in deciding whether ATE is preferable to BTE insurance and in what circumstances. We can also cover cases that have existing BTE but where the indemnity provided by the policy is inadequate, or becomes exhausted.
As soon as you have enough information to decide that the legal action has reasonable prospects of success. Clearly it is in your client’s best interests to have insurance cover as soon as possible and ideally, before your opponent has made a part 36 offer
Temple is firmly of the view that a litigator’s job is to litigate. Therefore our reporting requirements during the life of the case are as minimal as we can make them. You will need our permission to commence proceedings if the case has been insured prior to that stage. Thereafter, a brief quarterly update is sufficient. You need to inform us if the prospects of the case deteriorate materially and of any offers that are made to your client that they wish to reject on your advice, before doing so. We also need to know the trial date and obviously the outcome of the case.
The premium is paid at the conclusion of the case out of either the insured’s damages or the law firm’s costs. This depends on the specifics of a particular case and the arrangement the solicitor has with their client.
Part of the cover under a Temple policy provides indemnity for the full cost of the premium. The policy limit is defined to include the premium in addition to the sum insured.
Payment is deferred until the conclusion of the legal action so it is payable when the damages are recovered.
Yes. Delegated authority schemes can be offered to any firms with a reasonable volume of work and can be offered for many different types of litigation, including clinical negligence.
If you operate a delegated authority scheme then there are minimal reporting requirements, using simple status changes through our online policy system. For one-off cases, you need to update us on significant developments in the case and/or at 6 monthly intervals, whichever comes first.
Again, if you have a scheme with us, then the decision to make or reject offers will be delegated fully to you by us. However, with one-off cases you will be required to tell us of any offers being made and we will consider them with your guidance. We will normally support your recommendation.
Our policies provide full Part 36 cover, meaning that if you fail to beat a Part 36 offer then we will pay claims for adverse costs arising from the same, unless the client has ignored your advice to accept any given offer.