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ATE for Insolvency Cases – Security and Certainty in Uncertain Times

By Matthew Pascall, Senior Underwriting Manager

(Estimated reading time: 2 minutes 43 seconds)

In September 2022 there were 1,679 registered company insolvencies, an increase of 16% compared with the same month last year and 11% higher than the figure for September 2019. The statistics for individual insolvencies are less straightforward and do not yet show any significant increase.

At the risk of stating the obvious, a prolonged recession is going to lead to an increase in both corporate and individual insolvencies across the whole of the UK over the next few years.

To quote Nat King Cole, “There may be trouble ahead.” Insolvency practitioners need adverse costs protection. This can take the form of an arrangement with a funder who might, in effect, take an assignment of an IP’s causes of action arising out of an insolvency in return for a payment or deferred payment to the funder.

We believe we offer a simpler, safer and stronger solution.

Simpler: a straightforward after-the-event insurance policy in which the premiums are (i) competitive, (ii) always fully deferred until conclusion of the relevant claim and (iii) contingent on success.

Safer and stronger: Temple has been providing ATE insurance for Insolvency Practitioners for over 20 years and our policies come with the backing of RSA, who are “A” rated, one the oldest and largest insurance companies in the UK and now part of the leading global insurance provider Intact.

We can provide cover in excess of £1m for any one claim – more than enough for even the most difficult of insolvency claims. We can insure insolvency proceedings issued or raised anywhere across the three jurisdictions of the UK, in the Channel islands and on the Isle of Man.

Our experience

Temple’s underwriters look at insolvency claims that vary hugely in value and complexity. They know what to look for in a good claim. They may ask difficult questions but be wary of those who don’t! We aim to assess the merits of cases quickly and efficiently.

Once we have insured a case we work closely with both IPs and their solicitors to get the best outcome for creditors. We know there can be bumps in the road and always give our professional clients and partners time and space to litigate and settle cases without having to look over their shoulder.

IPs pursuing claims with the backing of ATE insurance retain a significant degree of control that they might lose if they have assigned a cause of action. Creditors may also see a better return at the conclusion of a case.

We believe our premiums are competitive and always keep them under review.

We can delegate authority to solicitors to enable them to assess cases and issue policies on our behalf. We also work with brokers to offer innovative ATE solutions direct to insolvency practitioners so they have the benefit of an ATE policy from the moment they are appointed.

Where appropriate, we can also offer disbursement funding to help meet the cost of experts’ fees, court issue fees and other disbursements.

In the difficult times that lie ahead we remain committed to providing an ever-improving service that meets the needs of insolvency practitioners, solicitors and, most importantly, creditors.

If you would like more information on ATE insurance and disbursement funding for insolvency litigation, or you have any other legal expenses insurance query, please email  or call me on 01483 514428.

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Matthew Pascall

Legal Director – Head of Commercial
Read articles by Matthew Pascall

Matthew Pascall

Matthew was called to the Bar in 1984 and joined Guildford Chambers two years later. Spending more than 30 years in practice there, he was listed as a Legal 500 Tier One barrister.

He joined the commercial team at Temple Legal Protection as Senior Underwriting Manager in 2017.

Matthew was appointed to Temple’s Board in December 2022 as Legal Director and Head of Commercial.

His knowledge of the commercial legal sector and litigation practice is invaluable to the business and our clients, providing specialist experience to lead the commercial litigation insurance team.


Read articles by Matthew Pascall