Is After The Event Insurance Is Worth Taking Out?

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As the name suggests, After The Event (ATE) insurance is purchased after an accident has happened and when a claim for personal injury compensation begins. Taking out an ATE insurance policy can guarantee that the claimant never has the personal responsibility of having to pay costs should their claim fail to succeed, as it would cover legal costs and expenses in any litigation or claim dispute.

In this article, we look at how ATE can be used in personal injury compensation, and how such cover may be deemed an appropriate safety net for certain claimants looking to make a claim.

ATE in personal injury claims

In the past, a claimant could recover ALL costs from a defendant should they succeed with their claim. However, with the LASPO Act 2012 the Government changed the legislation regarding this and removed the right to recover the cost for ATE insurance. As such, Solicitors now need to carefully consider whether providing ATE cover is a pointless cost burden – the claimant doesn’t pay anything if they don’t succeed, but will have to cover the cost of the policy if they win.

A Solicitor may now decide that there is no benefit to a claimant by providing such cover as they may instead simply opt to close a claim should a defendant mount a robust defence at the first opportunity, thus ending the prospect of a claimant facing various solicitor or defendant costs if their claim fails at a later stage.

In cases where it is felt that the merits of having such cover outweigh the need to remove the cost burden (usually in cases of a higher value or complex nature), having suitable ATE insurance cover in place can guarantee that the claimant pays no cost whatsoever to any party if their claim fails. As the cost of any ATE premium is only paid if a claimant were to succeed with their claim, providing such cover for a claimant is an issue a solicitor will consider carefully when evaluating the case at the outset.

When should ATE insurance be purchased?

In the majority of cases, our solicitors are likely to advise that you have no requirement to purchase ATE cover, especially if you already have existing Before the Event (BTE) or Legal Expenses Insurance (LEI) cover in place.

Such cover can often be found attached to home and contents insurance, motor insurance, trade union membership and financial products such as credit cards and loans. Where possible, you can use any cover that you already have in place. In cases where there is no existing BTE or LEI, our solicitors will recommend a suitable ATE insurance policy for your claim.

If the initial evaluation of your case indicates that it would be prudent and beneficial to your claim to have suitable ATE cover in place, our solicitors will source the correct policy for you. The claimant will not have to pay any costs for the policy should their claim fail, but the premium will be deducted from settlement (as well as the up to 25% deduction) should you succeed.

It may also be possible to obtain ATE cover at a later stage in the claims process and our solicitors will review this with you at the appropriate time.

Who pays the cost of ATE insurance?

If a solicitor is of the view that such cover is beneficial, it is the solicitor who will purchase an ATE insurance policy on behalf of the claimant if they do not already have a suitable alternative BTE or LEI cover in place.

You only pay them back for ATE insurance if and when you win your claim. As a result of the LASPO Act 2012, successful claimants who win their claim for personal injury compensation can no longer charge the cost of their ATE premium to the losing side. Instead, it is deducted from any settlement awarded when a claim succeeds.

Remember, you should never have to pay any upfront cost for ATE insurance cover if your solicitor recommends you require it. With Direct2Compensation, any deductions from your settlement are minimised and as such, the most cost effective policy for your personal injury claim will be purchased.

In cases where ATE premiums are higher, the potential compensation settlement awarded is likely to be far higher as well. Therefore, the ATE premium will only form a small percentage of your entire settlement and your Solicitor will ensure that you are given the appropriate cover that will represent good value for money and of benefit to your claim.

How much does ATE cover cost?

As the vast majority of ATE insurance cover will be obtained at the outset of the claims process, standard policies with various cover are available for different types of personal injury claims. Whilst each case needs to be decided on merit, our specialist solicitors can usually identify what level of cover you are likely to require when they first discuss your claim with you.

The level of cover required will vary depending on the kind of claim you are wishing to pursue. In less risky claims, such as straightforward matters where you are unlikely to lose, your solicitor is unlikely to recommend ATE insurance at all. However, if they do, premiums for such cover can start at around £100. In more risky claims, such as clinical negligence, cover can become more expensive as the likelihood of the claim failing increases. Whilst the majority of ATE premiums will range from £200 – £400, policies in some cases can be far higher where greater cover is needed and can run into thousands of pounds. However, this will only be the case in high value claims where any such cost would be a tiny deduction from settlement.

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Questions & Answers

  • David Patel

    If i get ATE Insurance and the claim is not successful and a claim is made under the ATE policy will I have to declare it that a claim has been made under that policy e.g. if i then take out another policy and i’m asked what claims have been made in the last 5 years.

    Reply
    • Ian Morris

      No, you would not have to declare this as it is a specific policy used for a specific reason and not a general claim against a standard insurance cover.

      Reply
  • Kerry

    Hi,

    I’m currently in a 2 and a half year claim, I was passenger in a car accident and currently accepted the final offer given, my document stated I had an ATE on there to pay once settlement has been agreed, I’ve heard nothing for well over a month from my case handler or the supervisor. I had this issue a while back. they wanted to take the matter to court, I had some questions of course especially regarding the ATE as they claimed liability on the other side, one lady who answered tried to help me and when looking at my file they said that it wasn’t on there ? What does this mean, I’ve been trying to find answers for a while now and feel this is a way of some sort of information.

    Reply
    • Ian Morris

      The only people who can confirm whether or not you have taken an ATE policy out with your claim will be your Solicitors. Have you requested an answer on this from them in writing? If not, it would be prudent to do so.

      Although successful claimants will have to cover the cost of the ATE premium from their settlement, a Solicitor cannot provide or ‘sell’ a policy without having informed you of the cost (should you win) at the outset. Therefore, if your Solicitor failed to make it clear to you that they would be providing ATE and what the cost would be should you win, you may wish to contest the fairness of their sale of the policy to you and question whether or not you should be forced to pay for it.

      Reply
  • Nigel

    I did not sign or agree to having an ATE policy. Can a solicitor put ATE in place without my knowledge or without signing any document?

    Reply
    • Ian Morris

      You cannot be forced to cover the cost of an item you have not agreed to purchase and had the costs explained to you.

      Reply
  • Clare

    Hello

    I am a litigant in person looking to bring a clinical negligence case against the NHS. I am considering taking out insurance and should be grateful for your assistance.

    Clare Metcalf

    Reply
    • Ian Morris

      We have Solicitors who can pursue a claim for clinical negligence on a No Win No Fee basis and can certainly have your claim considered and pursued by specialists should you wish to do so. However, unfortunately we do not sell ATE insurance – this is something you will have to source via a broker or insurance agent.

      Reply
  • Abbay

    Good afternoon,

    I have a builder that has collected money (£24,500) for a building extension and he has since abandoned the project. I’m looking at seeking legal redress. Is it something you covered please?

    Thanks
    Abbay

    Reply
    • Ian Morris

      Although this isn’t something we handle directly as we purely specialise in Personal Injury compensation, we can assist via one of our specialist panel Solicitor partners and their civil litigation department.

      Reply
  • Deane

    Hi Ian
    I am looking to move my case to another Solicitor as the one I am presently dealing with have been totally incompetent and I have lost all confidence in them, which is annoying as they have been assigned by my union so all costs would be covered and I should receive 100% compensation. The new Solicitor wants to charge me £499.00 for ATE (aswell as the 25%).

    The company I work for has already admitted 100% liability and agree that I was not to blame for my work place injury. I asked the new Solicitor why would I need to pay the ATE fee if 100% liability had been admitted, therefore they are guaranteed to win the case. They said it needs to be paid because if the case ends up going to court because we can’t agree on damages and we ended up losing then I would have to pay the othersides court and the ATE will cover this. Is this correct please and in your opinion do I need the to pay for ATE? Many thanks for all your help.

    Reply
    • Ian Morris

      The ATE issue is problematic and more often than not, our Solicitors are no longer recommending such cover. Essentially, ATE cover is only valid when both sides cannot agree on appropriate settlement value and the matter is taken to court for a judgement on settlement. In such circumstances, if the Judge rules in favour of the defendants valuation and you had refused such a difference, you can be forced to pay the fees for the other sides court attendance and court fees (you wouldn’t have to pay their total costs). As such, ATE can be relevant in such cases. This is only usually worthwhile in claims of high value given the fact that the claimant can’t recover costs for the ATE insurance should they succeed.

      In your case, you need to consider whether the ATE premium is likely to be a large chunk of any settlement or if the overall value of the claim renders the fee of £499 irrelevant.

      Whilst you can seek to switch to a new Solicitor, it is not always the easiest of processes and it is not financially viable in many cases for a new firm to undertake a claim halfway through (due to having to hand costs to the previous Solicitor on success). As such, if you can remain with the current Solicitor it would probably be the best bet.

      Reply
  • Hamza

    Hi

    I’ve won a claim and in process off accepting it but can not get my head around the deduction amount 25% for solicitor which I can understand but then I got to pay a future 20% ATE which puts the total reduction at 45% off my claim is this allowed and why do I have to such a ridiculous amount of ATE?

    Reply
    • Ian Morris

      Were you made aware of the potential charges that you refer to at the start of your claim – BEFORE you signed the Solicitors no win no fee paperwork? The potential deduction percentage that you mention may not be illegal, but there is just no need for a Solicitor to deduct more than 25% from the claimants settlement. We have always been of this view and work to the rule that a claimant will pay nothing if their claim fails and only a maximum contribution towards cost of up to 25% of their awarded settlement*.

      *If there is a need for ATE cover, a successful claimant must also pay the policy premium on settlement of their claim. That money does not go to the Solicitor, but to the insurers

      Reply
  • Natalie

    I have been talking to a Claims Management Company regarding an old mortgage. They’ve advised there is potential for a claim upwards of £18k on a ‘no win no fee’ basis and solicitor has agreed to take it on, but I would need to agree to an ATE policy at a cost of over £2,350, this plus their ‘cut’ of 30% + VAT! This seems a ludicrous amount to me and I wonder if I am within my rights to purchase ATE cover elsewhere and if it would be cheaper? Does this all sound a bit ‘dodgy’ to you?! Am I going to end up out of pocket?

    Reply
    • Ian Morris

      Before you agree to take any ATE cover, you should ask to speak directly with the qualified Solicitor who would handle your legal matter to seek their advice about the need for any ATE cover. The majority of our Solicitors no longer recommend ATE cover for personal injury matters – which is our area of speciality. Whether you do need such cover for your legal matter is not something we can say. Whilst you can of course seek to obtain such cover privately, before you make any purchase, you should check carefully with the Solicitor that the cover you find meets the needs of your case.

      Reply
    • Zoe

      Hi, my son died due to not enough staff so he didn’t go down to his operation. I’ve spoken to a medical solicitor and she’s ask me if I had ate insurance, I do not at this time. If I did have ate I will get all the money if I win, but if I don’t have it and do it though the solicitors only I will have to pay out to them 95% of what I get. Should I take one out?

      Reply
      • Ian Morris

        You must remember that if you succeed with your medical negligence claim, you cannot recover the cost of the ATE premium, so that would be deducted from any settlement awarded. However, if your Solicitor is advising that you do take such cover, then it is probably wise to follow their advice given their expertise and detailed knowledge of your claim.

        Reply
      • Graham

        I have been advised that I take a Plevin claim on a no win no fee basis.
        I emailed the solicitor involved and they advised me to take out ATE insurance.But they have said if the claim is successful they would pay and if unsuccessful it wouldn’t cost me any?Please could you help I’m really confused

        Reply
        • Ian Morris

          We do not deal with financial miss-selling claims. However, if the Solicitor is recommending ATE cover, it is probably wise to take their advice. You won’t pay any cost for the policy if you fail to succeed with your claim, but if you are successful, you will be liable for the policy cost – which would be deducted from any settlement you may receive.

          Reply
  • Robert

    Hi I’ve just had a successful claim against my workplace for an injury I got back in May. I’ve was just reading the costs and my ATE insurance was £588. After reading your website I feel like I’ve been overcharged massively for this. I received £2100 but after fees and ATE insurance I actually received £1054. Am I able to take action on this or is it a case of I should have read up on it before agreeing to it? Thanks.

    Reply
    • Ian Morris

      Of course, there is always a need to ensure that you carefully read any agreement you are being asked to sign. However, a Solicitor has a duty to ensure that you have been advised as to what you are expected to sign up for – especially when their is a financial implication. If your Solicitor did not make you aware of the potential cost of the policy if you succeeded with your claim when they signed you up, there is a case to make against them to waive the fee. I would suggest that a written complaint regarding this issue is valid and may well resolve this issue for you.

      Reply
  • Michael

    Hi – my son (25 years old) was involved in a car accident 10 months ago. The driver of the other car disputes that it is his fault. My son`s car has been repaired, came to roughly £8,000

    The issue however is that my son has just looked at his insurance cover as it due for renewal on 11/09/2020 and identified that he does not have legal cover. Insurer is Direct Line and legal cover is an optional cover. The insurance is comprehensive.

    I`ve just been looking up After the Event insurance and came across your website.

    Reply
    • Ian Morris

      We do not sell ‘After the Event’ insurance directly and it is unlikely that your Son would need such cover. Are his insurers fighting the stance taken by the 3rd party?

      If your Son was injured in the accident, is he making any personal injury claim? If not, we can assist with such action.

      Reply
  • Charlotte

    I’ve currently got a personal injury claim progressing and the company who this is against has already admitted they were at fault. As I have this will ATE still be needed?

    Reply
    • Ian Morris

      ATE cover may still be needed even if liability is admitted, but it should not be taken unless it is deemed to be appropriate by your specialist Solicitor. Before you do take any such cover, you should ask your Solicitor for their view and recommendation and you should make sure that they do noty stand to receive any commission should they sell you a policy.

      ATE premium costs CANNOT be recovered if you succeed with a claim, so if liability is admitted and your claim is straightforward, in reality purchasing such a policy is just an unrecoverable loss that you could avoid.

      Reply
  • Jenny

    Is 199.00 the norm for ate policy? No win, no fee, straight forward rta. I can’t see why I need to have this. Any thoughts?

    Reply
    • Ian Morris

      The fee you quote is within the ‘acceptable’ price range. However, you are right to consider whether you really need ATE insurance. More and more, our Solicitors are advising claimants AGAINST taking ATE cover as the cost is not recoverable and the reality is that it is not a cost burden that has any real worth in the majority of cases.

      Reply
      • Jenny

        Thank you for your reply Ian.
        It’s already been admitted liability from the other driver, and I wouldn’t think Carpenters would have taken this on as a no win no fee if there was a chance we won’t win. Just seems money grabbing to me?

        Reply
        • Ian Morris

          Hopefully your Solicitors will be able to clear this up for you, but it does appear that your claim is one where ATE cover would not be beneficial or needed.

          Reply
  • Paul

    Where can I get after the event insurance?

    Reply
    • Ian Morris

      Such insurance can be purchased from specialist insurance brokers or via some law firms. However, before you purchase such insurance, you need to question whether or not you actually need such cover.

      Reply
  • Danny

    Hi
    I am about to start court proceedings against my neighbour over right of way access. My deeds say I have right of way and it is marked on the title plan. My solicitor says we have an 80-90% chance of success. We don’t have legal insurance, we can cover the cost of the first hearing but if it goes to full trial we will not be able to cover the cost.
    My question is; if it goes to full trial can I take out ATE insurance against costs of the full trial or if I need it at the beginning can I change the cover amount after the first hearing?

    Reply
    • Ian Morris

      Whether or not ATE cover is available for the legal action you are taking is something you should discuss with your Solicitor. As with any insurance, it is usually possible to amend a policy, but you would have to take in to account potential costs as and when the risks of increased liability become apparent.

      Reply
  • Rachel

    Thank you for your advice, where would I buy such a product as I have been quoted in excess of £400 from the company that my insurance company have sourced?

    Reply
    • Ian Morris

      Do you have a Solicitor acting for you? They should be able to provide that product to you. Alternatively, you could approach a broker to ask them to obtain you some quotes.

      Reply
  • Rachel

    I have been involved in what seems like a straight forward road traffic accident.
    The 3rd party are not responding to any correspondence from my insurance so we are moving forward with legal proceedings.
    How much would ATE cost? My insurance have sourced a quote for me with Legal & General but I would like other quotes.

    Reply
    • Ian Morris

      It isn’t possible to give an exact quote as we do not directly sell such policies. Our Solicitors can provide such cover for cases that they have evaluated in full and decided that such cover would be required. However, in cases such as yours ATE premiums would typically be in the range £130 – £250 or thereabouts.

      Reply
  • Sarah

    I am currently in the process of suing a care home after my mother has developed bed sores.

    She is looking to receive £8000 compensation but the company no win no fee want to take out an Ate costing £3200 to taken from the settlement fee plus their costs, it seems rather expensive and wondered whether she’s being overcharged?

    I would appreciate any advice.

    Reply
    • Ian Morris

      It is impossible for us to say whether or not the ATE premium is excessive, but it is certainly a very high premium and should be queried. Claimants cannot recover the cost of ATE premiums on success of a claim (this changed post 1st April 2013), so if your Mother’s claim is successful, she will have to repay the premium as well as the 25% deduction. Clearly, such a fee would have a big impact on the settlement she would receive. Whilst she would pay nothing if the claim were to fail, the amount being quoted for ATE cover needs to be questioned and explained in full.

      Reply
  • Sheba

    If have been made an offer of a settlement fee as the defendants have admitted liability in writing therefore I am guaranteed to have a successful case. Do you think it is necessary to agree to an ATE?

    Reply
    • Ian Morris

      Do you have a Solicitor acting for you? If so, it would certainly be wise to act on their advice and if they felt that an ATE policy was a wise move, it would be a good idea to take such cover.

      Reply
  • joe

    you replied on 14th October …

    You seem to have completely misunderstood! We offer a 100% No Win No Fee service. Our clients PAY NOTHING WHATSOEVER to any party should their claim fail – No Win = No Fee! Simple as that.

    And then on 15th October you wrote…

    If a claimant doesn’t have pre-existing BTE (before the event) cover, it is important for them to put suitable ATE (after the event) cover in place. This cover protects the claimant from having to pay the costs of the defendant if they lose their claim. This cover has always been in place in claims for personal injury compensation.

    This completely contradicts what you said about no win no fee!

    so what is it? no win no fee = no costs what so ever, or is it, no win no fee ( oh btw you do need to pay for an ATE unless you have BTE) ?

    Reply
    • Ian Morris

      No, it’s as we’ve already said – if you don’t succeed with your claim (don’t win), you pay nothing whatsoever! All claimants need to ensure that they adequate ‘cover’ for defendants fees should they ‘lose’ their claim. This is why our Solicitors will ensure that if a claimant doesn’t already have existing legal expenses cover in place (BTE insurance) that they’ll provide them with suitable ATE cover. If the claim is lost, the claimant does not pay the cost of the ATE premium – the Solicitor covers that cost. However, should the claim succeed, the law prevents the claimant from recovering their ATE premium so they must then pay it from their compensation settlement. So yes, it is no win, no fee – no costs whatsoever.

      Reply
  • joe

    So if you pay nothing if you lose, what is the point in having ATE?

    Reply
    • Ian Morris

      If a claimant doesn’t have pre-existing BTE (before the event) cover, it is important for them to put suitable ATE (after the event) cover in place. This cover protects the claimant from having to pay the costs of the defendant if they lose their claim. This cover has always been in place in claims for personal injury compensation.

      It has always been the case that a claimant would not pay for the premium if ATE insurance cover was put in place by their Solicitor if they were to lose their claim. Prior to 1st April 2013, it was the case that a claimant could recover the full cost of their ATE premium from the defendant on top of and separately to their compensation settlement. However, the Government outlawed this right and claimants can no longer recover their ATE premium cost and must now pay for it from their settlement should they succeed. It remains the case that if the claim is unsuccessful, the claimant will not pay the cost of the premium – the liability for that cost would rest with the Solicitor providing the cover.

      Reply
  • joe

    No win No fee, i’ll repeat, no win no fee…… so where has all this scare mongering about ATE insurance come from? Praying on people’s fears of having a large bill to pay if they lose. Surely as a solicitor, if you advertise a ‘ no win, no fee’ service, the client should not have to pay a penny to anybody if they lose their claim!

    Reply
    • Ian Morris

      You seem to have completely misunderstood! We offer a 100% No Win No Fee service. Our clients PAY NOTHING WHATSOEVER to any party should their claim fail – No Win = No Fee! Simple as that.

      However, as per the regulatory framework in which we operate and in keeping with the legal requirements facing claimants making claims for compensation, should a claimant succeed in their claim, they are obliged to contribute up to 25% of their compensation settlement towards the costs of the claims process, with the remaining costs payable by a losing defendant as well as them paying the claimant their compensation. Also, as the law now prevents successful claimants from recovering the costs of any ATE premium if they succeed with their claim, they must also pay for that IF THEY WIN separately to the 25% deduction.

      Reply
  • Jacky

    Hello I am at present making a claim for a fall i had at Eddie Stobards.I have a no win no fee claim and i have been advised to take out AGI insurance.Please can you advise me if you can do this for me and what the cost will be.

    Reply
    • Ian Morris

      We do not sell or provide any insurance policy, although our specialist Solicitors who act for our claimants can obtain such cover if it is needed by the claimant. Such policies can be provided by your Solicitor and you should liaise with them and also check whether or not you have existing cover in place.

      Reply
  • Zoe

    I submitted my claim to the money claim court, one of the headings is personal injury ( I had suffered from moderate – serve anxiety & depression, and moderate – serve stress related disease – Coltis as a consequence of the defendant’s professional negligence).

    The defendant filed an application to strike out my claim and they requested that application to be handled at a two hours hearing. The outcome is that I will have to revise my particulars of claim and the defendant’s application is stayed… I do not have a solicitor or barrister acting on my behalf and now have realised that I would need to cover the Defendant’s costs if I lost my claim.

    As an individual, can I have the ATE policy?

    Thank you

    Reply
    • Ian Morris

      You can take an ATE policy cover as an individual but you’ll need to approach a broker to obtain cover and arrange it personally. This is not something we can assist you with.

      Reply
  • Susan

    I am questioning now, if i actually needed after the event ins, as my bad fall inside Tesco store, was not going to be contested. There was CCTV, and the fall was never in question or doubted. My point is, with 25% solicitors fees and the after the event policy, i ended up, with £ 960, less, out of my £ 1969.00 compensation. It seems a bit steep to me, especially when the fall was indeed caught on camera inside Tesco store.

    Reply
    • Ian Morris

      Whether or not you needed the ATE cover is something that you may obviously consider now that you have succeeded with your claim. However the risk of not having it in place – even in a claim that seems certain to succeed – should a claim fail is why we all take the various insurance covers that we have.

      All of us working as professionals within the claims sector would recommend that it is always wise to ensure that you take ATE cover if you don’t already have pre-existing LEI or BTE cover in place as we have all seen claims that we would be our mortgages on succeeding, fail in a hearing. You can never be certain and the possible costs of not having cover do not bear thinking about.

      Reply
  • J Lorraine

    Personal injury – dog attack 17/1/2017. On 27 January I asked about ATE / LEI before signing a conditional fee agreement. This is what I was advised:

    One of the reasons the cost rules changed was to try and limit the need for these policies and it seems to have worked in that respect. Personally I do not think they are necessary especially in relation to a claim such as yours but like any insurance policy it is very much down to how risk adverse an individual is, so it is a personal decision whether or not it is taken out. The costs varies depending on the cover you want. If you wish I can make some enquiries and pass you the details of some brokers who will be able to advise you further.

    Fast forward – 27/7/2019 the case could proceed to court. I do feel underrepresented and mislead and quite honestly was totally relying on the legal representative’s expertise. I posed the question again about ATE – LEI on 1 July 2019 and wasn’t given a direct answer but told that I wouldn’t be liable to pay anything if the case is unsuccessful. What if it’s successful? Please advise. I do not want to be presented with a huge bill at the end of the day and furthermore following the attack I have spiralled into debt with a notice of seeking possession of the house issued a month ago.

    Reply
    • Ian Morris

      Your Solicitor is right in that if you were to lose your claim, you would bear no responsibility towards the costs of the claim (either yours or the defendants) in any way. However, as ATE insurance premium costs are non-recoverable on success (meaning you cannot force the defendant to reimburse you) in a claim, you would have to pay the cost of the cover if the claim were to succeed. It is unlikely that you would face a huge bill, as most ATE insurance premiums in matters relating to personal injury range between £150 – £300, with some going up to £450. Your Solicitor should be able to advise you of the cost of the policy that was placed on your claim.

      It would appear that your claim is still looking positive though. Your Solicitor would not take the matter to court if they felt that there were no prospects of succeeding, so good luck!

      Reply
      • J Lorraine

        Thank you for clarifying this matter. I’m hoping the defendant will settle the claim beforehand. However, I agree, it’s looking positive should it proceed to court.

        Reply
        • Ian Morris

          Best of luck with your ongoing claim.

          Reply
          • J Lorraine

            I should have asked these questions previously! On a no win no claim will I be responsible for paying the solicitors disbursements, VAT and success fee? Can I request a breakdown of disbursements?
            His fees are currently £10k excluding disbursements, VAT and success fee, is £10k paid by the defendant? I do not want any surprises at the end of this nightmare…
            Lastly, the table of fee earners fees scheduled as part of the Conditional Fee Agreement has changed from the outset and I was not given prior written notice. All fees have increased by £50.

          • Ian Morris

            Without knowing the details of the agreement you have signed with your Solicitor, I am assuming that it is a standard conditional fee agreement. If so, you will pay no more than 25% of your settlement towards the costs of the claim with the remaining costs (apart from any ATE premium that you may have responsibility for) being problems for others!

  • Gary

    Hi Ian,

    My Solicitor submitted my case to a barrister for guidance on the valuation of the claim. She has returned this and advised a couple more things including the assessment of a care expert. Since this, my solicitor has now advised hat we add insurance onto the claim. He says this is due to the significant amount involved. He said this will cover any costs such as the care expert in the event we arent able to claim this back? Am I missing something? It seems a bit odd that at this late stage he is now advising insurance? For clarity – the other side admitted liability right at the beginning of the claim. Thanks

    Reply
    • Ian Morris

      There is nothing untoward in what your Solicitor has advised regarding the insurance, indeed it would be wise to follow there advice. Given the admission of liability in this claim, you will succeed and it is clearly just the Solicitor being sensible and protecting your interests in advising of the additional insurance. Whilst you may pay a small sum for this cover, given the possible value increase that the assessment of car experts report could provide to your claim, it would be well worth taking this cover.

      Reply
  • May Mlilo

    What if l do not want an ATE insurance to claim motor incident? Can l still proceed with the claim without an ATE insurance or will the solicitor refuse to take the case?

    Reply
    • Ian Morris

      You do not have to take out ATE insurance, but if your Solicitor is advising you to make sure that you are covered, it would be wise to take that advice. ATE cover simply ensures that you will not have to pay the costs of the defendant should you fail to succeed with your claim.

      Reply
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