Commercial disputes are common and can arise for a variety of reasons. The costs of litigation and dispute resolution are particularly relevant in the current economic climate.

Commercial after the event (ATE) insurance is a frequently used type of legal expenses insurance cover that can be utilised in many types of commercial disputes. Commercial ATE insurance can provide indemnity for a range of legal disputes, including commercial contract disputes, intellectual property disputes, shareholder disputes, professional negligence, property disputes and many more.

Annecto Legal fills the gaps when clients need access to the best legal advice on any commercial dispute. It removes financial uncertainties and unforeseen legal expenses at a low cost.

What is commercial ATE insurance?

ATE insurance is used to protect claimants from the risk of having to pay the other side’s costs if their case is unsuccessful. The insurance policy will respond to the opponent’s legal fees and, on occasion, it may insure disbursements, depending on the policy.

There is usually an upfront cost for commercial ATE insurance. In some circumstances, however, payment of this insurance premium is deferred until the conclusion of the case and clients may only pay for this premium from the funds received if their case is successful.

What are the benefits of using commercial ATE insurance?

Commercial ATE insurance provides a number of benefits to parties looking to pursue a legal action, including: 

• It removes the risk of being made to pay the opponent’s legal costs if the dispute case is unsuccessful. 

• Claims can be pursued to their fullest extent as clients do not have to worry about the repercussions due to risk mitigation. 

• It provides protection from interim costs orders. In some circumstances, a costs order can be made in favour of a party, allowing them to recover costs of an interim hearing, irrespective of who actually wins the case at the final hearing. Depending on the policy, ATE insurance may protect against adverse costs in interim hearings.

Who can Annecto Legal assist with commercial ATE insurance?

Whilst it is common for those seeking ATE insurance to be claimants, any party to litigation is able to obtain ATE insurance whether they are a claimant, defendant or a third party. ATE insurance can be used by clients of limited means who may not have been able to pay any order for costs previously.

ATE insurance cover can also be used by solicitors on behalf of their clients. Most clients are heavily reliant upon their solicitors to advise them on funding and insurance for commercial disputes, and yet few solicitors are well-placed to provide the comprehensive advice that ensures clients can make a fully informed decision.

Annecto Legal prides itself on offering a professional service at market leading rates to solicitors who are seeking to navigate this complex market place on behalf of their clients.

Small businesses that may struggle to pay an adverse costs order may require ATE insurance to ensure that they can take on a more equipped opponent on equal terms. This prevents them from having to concede early or accept a poor offer due to being unable to pay out legal costs further down the line.

Annecto Legal helps large corporates to small business owners with ATE insurance to enable access to justice as well as the transfer of financial risk away from business’ balance sheets.

How can Annecto Legal assist with commercial ATE insurance?

Annecto Legal help clients realise the value of their commercial litigation claims.

The application, quotation stage, costs and premium structures of commercial ATE insurance can be particularly complex. Therefore, we recommend that you contact our team as soon as possible so that we can provide the guidance you require.

We provide our services to a range of clients, including businesses, solicitors, commercial insurance brokers, individuals, insolvency practitioners and liquidators. 

Get in touch with an expert member of our team to find out more about commercial ATE insurance and which commercial litigation cover is the right litigation funding choice for you.

Call us today 0800 612 6587, or our business development director, Mark Beaumont, can be contacted by email mark@annectolegal.co.uk.