Public law disputes litigation insurance

Litigation insurance for public law disputes – Reducing the financial risks Involved

Litigation Insurance can be used for public law disputes. Temple has insured some areas of public law for many years, in particular claims against Police authorities for the familiar range of claims including false imprisonment, malicious prosecution and misfeasance in public office alongside ancillary claims under the Human Rights Act 1998. We are now looking at a far wider range of claims including claims against local authorities when acting in breach of their safeguarding duties (“DoLS claims”), Judicial Reviews of local and central government, including planning JRs and wider public law JRs.

We work closely with some of the UK’s leading public law firms, who have come to value the security we can provide to protect their clients when they take on the State.

Claims We Insure:

False imprisonment
Malicious prosecution
Misfeasance in public office
Against local authorities
Judicial Reviews of local and central government decisions

The Temple Advantage

Our experience of public law disputes 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 the best tools to promote access to justice.

Litigation insurance for public law disputes is available for both sides of a dispute
No upfront cost of obtaining litigation insurance – and also we do not charge an assessment fee
Both Damages and non-Damages claims can be insured
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, without risk to your client, the court issue fee, expert reports and mediation.

Ready To Take The Next Step?

Check your case in 48 hours. The Temple Case Checker (TCC) is a fast, free, no-commitment service for commercial litigators.

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.

Check your case in 48 hours

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.

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

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

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

Resources & Downloads

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

Commercial Client Guide Commercial Proposal Form

Commercial Disbursement Funding Guide Commercial Solicitor Application Form

Ready to protect your litigation?

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

Prefer to reach out directly?

01483 577877

Common FAQs

Some of the key questions about public law litigation.

How does Litigation Insurance for public law disputes work?

Traditional legal expenses insurance is often referred to as Before-The-Event or ‘BTE’ cover. Litigation insurance for public law disputes used by solicitors 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 use, it is a tailored 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.

Do you want Counsel’s opinion?

Not at the outset. We would like a case summary from you – to include the background facts of the case, the strengths and weaknesses of the case, how any weaknesses might be overcome, and your overall view of the merits.

Who pays for the litigation insurance?

Save for some media cases, the client has to pay their litigation insurance premium. This is usually deducted from the damages recovered. However, our insurance premiums are always fully deferred until successful conclusion of the matter. If the matter is unsuccessful then the premium will not be payable, but the policy will still respond to the claim for the insured amounts.

What are the benefits of litigation insurance?

ATE provides numerous benefits to clients wishing to pursue a legal action.

Claims can be pursued to their fullest extent
Litigation Insurance removes the risk of having to pay the opponents legal costs if the dispute is pursued unsuccessfully
It mitigates the clients own expenditure on disbursements etc
It provides protection from interim costs orders

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.

Public Law Disputes