Our latest special report, produced in association with Temple Legal Protection [1], looks at the role of after-the-event (ATE) insurance in commercial litigation post-LASPO.
We are at a time when insurers, solicitors, clients and litigation funders work ever more closely to create funding packages that work for all of them, with conditional fee and even damages-based agreements now part of many law firms’ armoury.
Do discuss this, we held a roundtable bringing together senior commercial litigators to discuss their use of ATE, the challenges they face and how it could work better for all. It was an excellent debate on current litigation trends, approaches to litigation insurance and how it may be improved.
Should the merits threshold for litigation insurance be lowered? Should insurers embrace new approaches to premium pricing? How should ATE be combined with third-party funding? And how should solicitors navigate the ATE market?
These are issues that all commercial litigators should be addressing. This report should help spark those discussions.