Insolvency ATE Insurance | Temple Legal Protection

Equality of Arms – ATE Insurance for Insolvency Claims

ATE insurance can be used for all types of insolvency disputes pursued under the Insolvency Act 1986 and Companies Act 2006. We are able to support claims where the insolvency practitioner is acting as the trustee in bankruptcy, a liquidator or an administrator.

Insolvency Disputes Case Types:

Claims under section 127 of the Insolvency Act 1986
Misfeasance claims under section 212 of the Insolvency Act 1986
Fraudulent trading claims under section 213 of the Insolvency Act 1986
Wrongful trading claims under section 214 of the Insolvency Act 1986
Transactions at an undervalue under section 238 of the Insolvency Act 1986
Preference claims under section 239 of the Insolvency Act 1986
Transactions defrauding creditors under section 423 of the Insolvency Act 1986

The Temple Advantage for Insolvency Cases

Our experience of insolvency litigation is considerable and our reputation for excellent service is second-to-none. The products we offer reflect our commitment to listening to our clients and providing effective insurance that enables insolvency practitioners to get the best results out of their claims.

ATE insurance for insolvency litigation is used by liquidators, administrators and trustees in bankruptcy
No upfront cost of obtaining ATE insurance – and also we do not charge an assessment fee
Payment of the premium is deferred until the conclusion of the case and is contingent on a successful outcome
Insured clients will have access to disbursement funding from Temple Funding, a subsidiary of Temple Legal Protection. This can be used to fund the court issue fee, expert reports and mediation.

Ready To Take The Next Step?

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Try before you buy: Get an expert opinion on insurability without a full proposal form.
Rapid Response: We provide an initial indication of terms within 2 business days.
Zero Cost: Save your billable time and your client’s money.

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Bespoke Underwriting

For complex cases, our experienced team provides quick, commercial decisions to get your funding in place.

Chartered Excellence

As a Corporate Chartered Underwriting Agent, we operate to the highest professional and ethical standards in the UK.

A-Rated Security

Backed by Intact Insurance UK Limited, providing global financial strength for your peace of mind.

Insolvency case study: Misfeasance

ATE Commercial

Uncovering and recovering: Temple backs administrators in £6.5m insolvency investigation

ATE Commercial

View all case studies

Temple Legal are brilliant. Jamela and her team have a deep understanding of litigation and legal risk. They are responsive to client requirements throughout and have developed a user-friendly platform for case updates.

Securing ATE insurance cover from Temple Legal provides enormous comfort to libel defendants. It is a key factor in their decision to defend claims against them as it insulates them from the risk of paying opponents’ legal costs.

We look forward to working with Temple Legal again soon.

David RomainEgality Law LLP

Wilson Browne Solicitors have a long-standing arrangement with Temple Legal Protection to provide litigation insurance cover for our property litigation clients. It is extremely straightforward to use, the policy quite simply works and it is comforting for clients to have the option of disbursement funding in addition. All in all the whole thing is a bit of a ‘no-brainer’, especially for clients who are naturally concerned about the financial risks when undertaking litigation. Once in place the policy gives both us and clients great peace of mind: it allows us to get on and deliver on our promise of being “all the help you need.

Kevin RogersWilson Browne Solicitors

We and our clients have used Temple for ATE insurance on many occasions. Most recently we acted for a liquidator pursuing claims to recover assets for the liquidation estate. After lengthy and heavily contested litigation, ultimately settlement was achieved at mediation. That settlement was only possible with the assistance of Temple’s direct, pragmatic and commercial approach. This was much appreciated by both us and the client.

Matthew KellyFreeths Solicitors

Resources & Downloads

Access the technical documents and application forms you need to secure ATE insurance and disbursement funding for your clients

Insolvency Guide Commercial Solicitor Application Form

Commercial Disbursement Funding Guide Commercial Proposal Form

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Our specialist commercial underwriters are ready to review your case or discuss a delegated authority scheme for your firm today.

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01483 577877

Common FAQs

Some of the key questions about Insolvency Litigation.

How does ATE Insurance for insolvency disputes work?

Traditional legal expenses insurance is often known as Before-The-Event or ‘BTE’ cover. Litigation insurance for insolvency disputes is used by solicitors and is commonly known as After-The-Event or ATE insurance. The latter is the technically correct term but your clients may better understand ‘litigation insurance’. Whichever terminology you prefer, it is a bespoke policy put in place with the specific objective of protecting your client from having to pay the opponent’s costs and their own disbursements if they lose their case.

Who is recorded as the Insured on the policy?

The Insured will usually be recorded as the insolvency practitioner, acting as the trustee in bankruptcy, administrator or liquidator.

Who pays the premium?

The insolvency practitioner will be liable to pay the premium.

What happens if there is a global settlement?

We understand that global settlements are commonplace in insolvency litigation. If it is necessary to reduce the premium in order to bring about a settlement, we can consider doing so on a commercial basis that works for us and the client.

What cover does the policy provide?

The standard terms and conditions provide indemnity for the Insured’s own disbursements and the other side’s costs. Own disbursements which are indemnified under the terms of the policy, for example mediator’s fees or the cost of an expert report, will be eligible for disbursement funding.

Do I have to be acting on a CFA?

Whilst we do not ordinarily require a solicitor to act on a CFA for any area of work, it is usually the position that lawyers acting on insolvency disputes are instructed on a CFA basis. If you are not working on a CFA basis, we may ask why this is and how the fees are funded. This will not affect our view of the merits of the case.

At what point is the litigation insurance policy purchased?

The litigation insurance policy is purchased after a legal dispute arises. The best time to send a case to us is as soon as you have been able to adequately assess the merits of the claim. Usually, this is after your investigation and the pre-action correspondence has been completed, and before proceedings are issued. However, cases can be referred to us at any stage.