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What is Professional Negligence?

The use of litigation Insurance for professional negligence cases is well established and examples of professional negligence include missing a key deadline, making errors and conducting a court case poorly. Also there might be under-settlement of a claim, such as in a personal injury claim.
Professional negligence claims are brought against many different types of professional including solicitors, brokers, accountants, surveyors, valuers and financial advisers. Your client may have been let down by a professional’s negligence and suffered a loss personally or to their business.

Professional Negligence Case Types

We can provide litigation insurance cover not limited to the following –

  • Accountant Negligence
  • Architect Negligence
  • Barrister Negligence
  • Financial Advisor Negligence
  • Insurance Broker Negligence
  • Solicitor Negligence
  • Conveyancer Negligence
  • Surveyor Negligence

Litigation Insurance in Action – Case Studies

We have seen a noticeable increase in the volume of professional negligence claims against lawyers who 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 the court issue fee, expert reports, the costs of mediation and also the fees of adjudicators.

Getting the timing right for Professional Negligence

The 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 of the case.

Litigation Insurance for Professional Negligence Lawyers Association members

We have a strong and historic connection with the Professional Negligence Lawyers Association (PNLA). Members of the PNLA receive preferential rates from Temple.
Temple 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.
Temple also offers 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.

Your questions answered

What is litigation insurance for professional negligence claims?

Traditional legal expenses insurance is often known as Before-The-Event or ‘BTE’ cover. Litigation insurance for professional negligence is used by solicitors and 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’. Litigation insurance is a bespoke policy put in place with the specific objective of covering the adverse outcome in a piece of litigation, including insurance for opponent’s costs and own disbursements incurred on behalf of the client. It is unique since the insurance policy is only entered into after a dispute has arisen.

How does the application process work for the PNLA scheme?

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 a decision maker 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.

My client wants to fund my cases on a traditional retainer and not on a CFA, can I still send it to you?

Temple Legal Protection are concerned with the merits of the case, not how your business is structured. 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 funded by traditional retainers.

Contact our experts

To take the next step please contact our specialists 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 or call me on 01483 514424. We look forward to hearing from you.

David Chase

David Chase

Deputy Underwriting Manager

David Chase

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.