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Five Questions Commercial Litigators Regularly Ask About ATE
When advising on a commercial dispute, ATE insurance is often considered alongside a number of practical and strategic factors.
Common FAQs
The questions below reflect some of the points our commercial underwriting team are most frequently asked when assessing whether ATE may be appropriate for a case.
The earlier a case is considered, the more options are usually available. In most instances, this is once the merits can be reasonably assessed following initial investigation and pre-action correspondence.
Each case is assessed on its own merits, based on the available evidence and overall prospects of success. We are generally looking at an assessment of 60% in respect of legal merits, but for defamation and privacy cases we are looking at a 51% threshold.
A clear case summary is key. This would usually include background facts, your view on merits, any known weaknesses and how these may be addressed, along with key documents such as pre-action correspondence. Ideally the parties will have exchanged a Letter of Claim and received a Letter of Response so that we can evaluate both sides of the case.
ATE can reduce exposure to adverse costs, which can be an important factor when considering settlement strategy. Staged premiums can also reflect key points in the life of a case. Certain cases are also eligible for a mediation discount therefore if a case settles at a Mediation we will offer a 30% reduction to the premium applicable.
Yes. ATE is often used by well-resourced clients as a way of managing risk and avoiding uncertainty around potential adverse costs, particularly in higher value or more complex disputes.
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