The ‘Go To’ provider of litigation insurance for professional negligence
Temple Legal Protection has a wealth of experience in insuring professional negligence claims. These vary from high value claims brought by lenders against valuers of commercial property to more modest claims brought by individuals against solicitors, accountants and financial advisers.
The advantage of litigation insurance is that it enables those of modest means who could never run the risk of having to pay the other side’s costs in a professional negligence claim having the security to prosecute their claim to a successful outcome. It puts them on an equal footing with better resourced defendants, often insurance companies defending professional negligence claims.
Litigation insurance in action – case studies
We have seen a noticeable increase in the volume of professional negligence claims against lawyers who have mishandled a client’s personal injury claim. Many of these cases have historically been based on the failure of the solicitor handling the personal injury claim to issue proceedings in time. But increasingly the allegation is that a case has been settled at a substantial undervalue.
A high profile case Temple Legal Protection remains involved with is the ‘Giambrone’ Professional Negligence Group Action. Click here to read about this and here for the update on what has turned out to be a long-running case.
The Temple Advantage for professional negligence cases
Professional negligence litigation has been at the heart of the cases underwritten by the Commercial department for many years. Our expertise 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.
- No upfront cost of obtaining litigation insurance – and also we do not charge an assessment fee
- 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, the costs of mediation and also the fees of adjudicators.
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 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.
Litigation Insurance for members of the Professional Negligence Lawyers Association
We have a strong and historic connection with the Professional Negligence Lawyers Association (PNLA).
- Members of the PNLA receive preferential litigation insurance rates from Temple Legal Protection.
- We can offer a claimant pursuing a professional negligence claim insurance cover for the other side’s costs and their own disbursements.
- Obtaining the insurance has no upfront cost – there is no assessment fee and no upfront premium. Payment of the premium is deferred to the conclusion of the case and contingent on success.
- We also offer disbursement funding to claimants for court fees, expert reports and mediator fees. This helps unlock cases and puts a claimant in the position of being able to pursue their claim.
- We can also fund and insure the fees of an Adjudicator undertaking a pre-issue adjudication of a professional negligence claim under the provisions of the Prof. Neg. Pre-Action Protocol.
Your questions answered
Litigation insurance for professional negligence cases used by solicitors is commonly known as After-The-Event or ATE insurance. Whichever terminology you favour, it is a bespoke policy put in place with the specific objective of insuring against the risk that your client will have to pay opponent’s costs and own disbursements if their claim fails.
To apply for litigation insurance and disbursement funding if you are a PNLA member on an individual case basis, please complete and send a Commercial Proposal Form to us – along with copies of the pertinent papers (e.g. pre-action correspondence, pleadings etc.). If you would like to speak with an underwriter before sending the case in to us, you will find contact details below and on our people page. Please mention that you are a PNLA member when submitting your proposal.
Temple Legal Protection prioritise the merits of the case, not the basis of the retainer you have with your client. Whilst it is a sign of confidence in a case if a firm is risking all or part of its fees, our underwriters know that in the commercial world, it is a benefit for fees to be paid in the traditional way and that such an arrangement is not indicative of a solicitor’s view of the merits and risk. We regularly insure cases where the client pays his solicitor’s fees as the case progresses.
Contact our experts
To take the next step please contact our underwriters to discuss your case or requirements. If you are a PNLA member please let us know when getting in touch.
If you would like more information on our litigation insurance and disbursement funding products for professional negligence, or you have any other legal expenses insurance query, please email firstname.lastname@example.org or call me on 01483 514424. We look forward to hearing from you.
David is the Deputy Underwriting Manager in Temple’s Commercial Department who partners with solicitors and brokers to provide litigation (ATE) insurance and funding solutions to businesses and individuals.
Having started his career in ATE insurance in 2006 at FirstAssist, David gained experience in litigation funding as an analyst at Burford Capital, before joining Temple Legal Protection in late 2013. Having worked for over 12 years in this evolving market, David knows what drives customers and he understands that it is how well you connect with the people you are trying to help that makes you succeed.
David has helped hundreds of customers and has worked with many of the leading law firms in the British Isles. He has extensive and varied experience in risk analysis, case management and long-term relationship management. One of David’s specialisms is his management of our fully-delegated schemes, a responsibility which plays an integral part in the retention of Temple’s partnerships with many leading and specialist commercial law firms.
In his role as Deputy Underwriting Manager, David considers a very wide variety of non-injury litigation including all types of commercial litigation, group actions, professional negligence cases, insolvency actions and contentious probate. He combines strategic activities - evaluating developments such as the impact of ADR on the commercial litigation sector – with expert underwriting in order to assist customers in making efficient and timely use of our litigation (ATE) insurance and funding products.
He continues to work towards his qualifications as a member of the Chartered Insurance Institute.