ATE Clinical Negligence Insurance
At Temple, we recognise that the complexities involved in clinical negligence makes it different to other types of personal litigation. It can be costly and sometimes unpredictable which is why you need an ATE provider that understands the dynamics of this type of litigation and will support cases through the highs and lows.
Clinical Negligence lawyers are increasingly aware of the importance of ATE insurance for their clients’ cases – and they are correct to do so because solicitors have a professional obligation and duty under 2.03(g) of the Solicitors’ Code of Conduct to advise their clients of the existence and/or availability of insurance to manage their client’s litigation risk, regardless of the type of retainer agreed.
If you wish to proceed with the scheme then please complete the application form below and return it to us. On receipt we will arrange to visit you to discuss the finer details of the scheme and the expectations of each party.
We understand that it is your objective to exceed your clients’ expectations. We look forward to helping you to achieve this by aiming to provide the best litigation insurance protection for your clients.
How to apply...
Clinical Negligence Scheme Overview
Temple can offer delegated authority schemes which allow 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 on-going 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’ on Temple’s Online Policy System (TOPS)
What are the benefits of the scheme?
- Fixed ATE insurance premiums allow you to plan ahead with the client regarding the level of deductions from their damages
- Protect yourselves against professional negligence claims by meeting your obligation under the Solicitors Code of Conduct by discussing the clients' insurance options
- Have a strong offering to attract clients who would otherwise be wary of pursuing litigation
- Impress clients and build loyalty by protecting them against any adverse costs orders
- 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
- The premium is deferred until the conclusion of the legal action
- Self-insured premiums mean that your client will not have to pay the premium if the case is unsuccessful
- It creates a level playing field for those clients without the financial strength of their opponents
How does the scheme work?
If you agree to act for a new client under a CFA or other appropriate retainer and the client does not have any other methods of funding available then the client is eligible for ATE insurance.
You then undertake a risk assessment and provided that you consider the prospects of success to be 51%, and the case falls within the parameters of the scheme, then you can issue a policy to your client using TOPS.
Once the client is insured, 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 via TOPS.
If the case is successful, premium a) is recovered from your opponents and premium b) is payable from the client’s damages. If the case is unsuccessful, you can complete a claim form and submit details of your claim to Temple.
- Cases with prospects of success of 51% and above can be insured
- Reporting requirements are kept to a minimum and you do not need our consent to issue proceedings or reject offers of settlement
- All policies have a limit of indemnity of £100,000
- Premium a) is recoverable from the defendant upon a successful outcome. It covers the clients Expert Reports Fees for liability and/or causation
- Our clinical negligence premiums have a track record of being reasonable and recoverable in full
- Our delegated authority scheme provides full Part 36 cover
- No premium is payable if the legal action is discontinued or lost
- Premium b) covers the defendant's costs and the clients other disbursements. It is not recoverable and is deducted from the client's damages at the end of the legal action