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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.

Public Law disputes – we insure claims for:

  • 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.

Getting the timing right

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 are reasonably able to assess the merits. 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.

Your questions answered

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 we need Counsel’s opinion?

We do not usually need an opinion from counsel when you ask us to consider a case. Ideally, 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?

The client. 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 we will pay the opponent’s costs and your client’s disbursements.

What are the benefits of litigation insurance?

Litigation insurance provides numerous benefits to clients wishing to pursue a legal action. These include, but are not limited to:

  • Claims can be pursued to their fullest extent.
  • Removes the risk of having to pay the opponents legal costs if the dispute is pursued unsuccessfully.
  • Can mitigate the clients own expenditure on disbursements etc.
  • Can provide protection from interim costs orders.

Contact our experts

Clients cannot embark on Public Law litigation without adequate protection against adverse costs. Public funding is rarely available. We can offer that protection.
If you would like more information on our litigation insurance and disbursement funding products for public law disputes, or you have any other legal expenses insurance query, please email or call me on 01483 514428. We look forward to hearing from you.

Matthew Pascall

Legal Director – Head of Commercial

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.