ATE Insurance for Catastrophic Personal Injury Claims (ICICL)

This cover is written on an "after the event" basis i.e. after the dispute has arisen.

Types of Litigation

Claims by Claimants pursued in the Courts of England & Wales for significant personal injuries which have been caused by clinical negligence or some other physical accident.

The claim will be conducted by a firm that has experienced practitioners in ATE Insurance For Catastrophic Clinical Negligence and Catastrophic Personal Injury Claims.

Value of Litigation/Quantum

  • Cover can be provided where the minimum expected recovery of damages (as distinct from the damages claimed) for special and general damages is at least £250,000.

What Does ATE Insurance For Catastrophic Personal Injury Claims Cover?

  • Own disbursements and expenses which can include counsels fees
  • Adverse costs for interlocutory hearings
  • Adverse costs awarded on judgment up to the value of the damages awarded to the claimant
  • Any deferred premium
  • Any shortfall in recoverable premium

Limits of Indemnity

  • The maximum limit of indemnity provided is negotiable. The cover recognises that lower levels of cover only are required which can include counsel’s fees, are justified until such time as the defendant acts in a way to seek put the claimant on risk as to costs, when appropriate limits will be provided within pre-agreed guidelines.


  • Subject to the recoverable element of the premiums relating to expert’s investigatory reports for clinical negligence claims, the insured litigant pays the premium out of the damages recovered deferred and contingent; alternatively, the premium is paid on their behalf by a funder or a combination of the two.
  • Premiums are written on a competitive basis and are designed to reflect the risks created by the defendant making a Part 36 offer or some other offer seeking to put the Claimant who on advice, wishes to reject.
  • There is no application fee.

ATE Catastrophic Personal Injury Claims (ICICL)

ATE Commercial Litigation (ICL)