PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.
On 1 April 2013, the majority of the Jackson/civil litigation reforms came into force. As a result of these changes, after the event (ATE) insurance premiums are no longer recoverable from the other side, where the insurance policy is issued on or after 1 April 2013, save in excepted cases. Parties are still able to take out ATE insurance in order to fund their litigation, but have to bear the cost of the insurance premium themselves. The excepted cases are:
- Insolvency-related proceedings.
- Publication and privacy proceedings.
- Claims for damages in respect of diffuse mesothelioma.
This checklist explains what ATE insurance is and highlights its main advantages and disadvantages for a business.