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Litigation insurance from the experts in media law – proven time and again

Temple Legal Protection has been at the forefront of supporting a long list of phone-hacking and defamation cases, some of which have gone on from the High Court to the Court of Appeal and Supreme Court.

We continue to be the leader in litigation insurance and funding for media and communications litigation. Our recoverable insurance premiums have been tried and tested in detailed assessments on numerous occasions and generally found to have been reasonable. But where it makes commercial sense for us to agree a reduced premium, we will do so if the outcome works for us and the client.
Clients whose cases we insure are eligible to use Temple Funding’s disbursement funding product to pay court fees and, where needed, experts’ fees. Cases we have supported include:

Media & communications litigation – case types

  • Defamation
  • Breach of privacy
  • Breach of confidence
  • Phone hacking litigation
  • Social Media and Internet disputes

The Temple Advantage

Our experience of media 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 the best tools to promote access to justice.

  • Litigation insurance for media litigation 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, other disbursements and mediation.

Getting the timing right

The policy is purchased after a legal dispute arises.

Unless you enjoy the benefits of a delegated authority scheme with Temple, the best time to send an individual 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 of the case.


How does litigation insurance work for media and communications?

Traditional legal expenses insurance is often known as Before-The-Event or ‘BTE’ cover. Litigation insurance used by solicitors for media law cases 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 favour, 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 their media claim fails.

Who pays for the insurance?

The insurance premium is recoverable from the losing party.

What happens if the costs are dealt with at detailed assessment?

If the premium is going to be assessed, we will assist you in drafting the relevant parts of the Reply to the Points of Dispute. In some circumstances, we will seek our own advice from counsel and might intervene to argue any issue as to the recoverability of a premium.

My client has a ‘mixed’ claim. Can the claim be insured?

Yes. Some claims pursue libel, copyright and data protection heads of claim. Our specialist underwriting team is able to deal with a host of issues that may arise in pursuing these claims ‘mixed’ claims and we can agree the terms of the premium to distinguish between the recoverable and non-recoverable elements of a premium in a mixed claim. Please give us a call on 01483 577877.

Did you know?

From 1 October 2019 a media case must be issued in the Queen’s Bench Division at the RCJ, in order to comply with the new specialist Media and Communications List set out in Part 53 and PD 53 of the CPR.

Contact our Experts

If you would like more information on our litigation insurance and disbursement funding products for media litigation, or if 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.