Despite rule changes, after-the-event insurance is still core to funding litigation cases, while damages-based agreements are largely ignored Q: To what extent is after-the-event (ATE) legal expenses insurance relevant to the modern commercial litigation market? Malcolm Henké, senior partner, Greenwoods: In personal injury (PI) cases the claimant is still concerned with meeting the cost of disbursements, which may be extremely high if the claim is not successful. However, even where the claim succeeds, the ATE premium must be paid by the claimant, as he is no longer able to recover it from the defendant.
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