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

Temple’s After-the-Event (ATE) insurance and outlay funding support Scottish solicitors handling commercial disputes, clinical negligence cases and personal injury claims. Working within Scotland’s modern litigation costs framework, our cover helps protect clients against the financial risks associated with pursuing or defending litigation while giving law firms greater flexibility in how cases are progressed.

Our approach reflects Temple’s long-standing experience in litigation insurance and funding. We work alongside solicitors to help manage risk, support access to justice and allow cases to proceed on their merits rather than being limited by financial uncertainty.

Commercial Disputes

Temple’s After-the-Event (ATE) insurance for Scottish litigation supports solicitors and their clients working within the framework created by the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.

The development of Scotland’s litigation costs regime has given solicitors greater flexibility in how commercial disputes are funded and managed. Temple’s ATE insurance works alongside this framework by helping protect clients from the financial risks of litigation while allowing firms to pursue claims with greater confidence.

We give you and your clients a choice about how a dispute or claim can be resolved, for good reason.

One of those reasons is the growing use of alternative dispute resolution in Scotland to settle commercial disputes. Scotland’s legal system supports arbitration, mediation and other forms of ADR. Temple’s ATE insurance can provide cover across the ADR process, supporting initiatives that allow disputes to be resolved earlier provided the outcome is satisfactory for the insured party.

Clinical Negligence and Personal Injury cases

Temple’s ATE insurance also supports solicitors acting for pursuers in clinical negligence and personal injury claims in Scotland.

Under the qualified one-way costs shifting (QOCS) regime introduced in Scottish courts in June 2021, most pursuers bringing clinical negligence or personal injury claims are not liable for their opponent’s legal expenses if the claim is unsuccessful. This framework has improved access to justice and continues to shape how claims are funded and managed.

Practitioners are increasingly considering whether a competitive ATE premium can reduce the overall financial exposure for a pursuer while still providing protection against the risk of paying for outlays and defender 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 offer a professional and collaborative approach to working with law firms, delivering a consistent and high standard of 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 Intact Insurance UK Limited. It can be used in almost all types of commercial dispute. These include professional negligence, insolvency 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 additional 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

If you would like to find out more about how our ATE insurance and outlay funding can support your cases, please contact us.

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