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ATE Insurance and Outlay Funding for Scottish Commercial, Clinical Negligence and Personal Injury Disputes

Commercial Disputes

Temple’s After-the-Event (ATE) insurance cover for Scottish disputes litigation provides forward-thinking Scottish lawyers and their clients with potentially significant opportunities arising from the new Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. The Act allows Scottish litigators a wider range and more flexible approach to funding their client’s commercial disputes; very much in the spirit of our ATE insurance cover for commercial disputes in Scotland.

We give you and your clients a choice about how their dispute or claim can be settled, for good reason…

Those reasons include the growth in popularity of ADR in Scotland to settle commercial disputes, backed by a legal system that favours arbitration, mediation and other forms of ADR. Temple’s ATE insurance provides cover for all forms of the ADR process – and we support any access to justice initiative which can resolve litigation earlier as long as it produces a satisfactory outcome for the insured party.

Clinical Negligence and Personal Injury cases

New rules introduced into Scottish courts meant that from June 2021 the majority of parties seeking damages for clinical negligence and personal injury claims will not be liable for the expenses of their opponent, if their action fails. There is a feeling that QOCS for Scotland has improved access to justicePractitioners are keen to explore whether a competitive ATE premium could reduce the amount payable by the Pursuer and yet still provide protection against the risk of paying for Outlays and Defender’s costs.

  • Clinical negligence risk assessment guide for Scotland
    We see the good, the bad and the ugly – but we’re here to help, not second-guess you. Click here to read our dedicated Scottish guide to risk assessment for clinical negligence cases – it could save you a great deal of time and costs.

Why use Temple ATE insurance and outlay funding?

Temple Legal Protection and Temple Funding are market-leading providers of ATE insurance and outlay funding that helps reduce the financial risks of litigation for your clients. We provide a unique and professional way of working in partnership with law firms. This ensures we deliver consistent, excellent service. Both are fully accredited and regulated by the Financial Conduct Authority.

Our ATE insurance (also known as litigation insurance) is ‘A’ Rated and provided in partnership with Royal & Sun Alliance (RSA), one of the largest and strongest insurers in the UK. It can be used in almost all types of commercial dispute. These includes professional negligenceinsolvency and property disputes.

  • Click here for a full list of the commercial dispute case types

 Temple’s outlay funding has proven very popular because it removes the financial barriers which may prevent you running a case to its full potential. Easy to administer and affordable, it gives peace of mind to your clients and keeps the financial liability off your balance sheet.

  • For their peace of mind, it is a prerequisite that your client apply for, is offered and has accepted a Temple Legal Protection ATE insurance policy. This fully indemnifies our funding provision; if the case is unsuccessful, neither your firm nor your client is liable for any outlays.

Find out more about what Temple offer Scottish litigators by downloading our ATE Insurance and Outlay Funding for Commercial Litigation in Scotland.

Next steps

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