“Any fool can take a risk. A wise man sees the risk worth taking.” Anon
To the Client
Protects your client from adverse costs and own disbursements and can , in certain cases, include own counsel’s fees.
Enables the client to identify with certainty the cost of litigation if it is unsuccessful and carry out a proper risk /reward assessment.
Empowers the claimant to contest claims against well-resourced opponents such as Insurers and Health Authorities and provides access to justice.
Ensures that if your client fails to obtain an award greater than a Part 36 offer or offer of equivalent effect in respect of costs, the client will still recover their actual entitlement to damages as determined by the Court.
To the Solicitor
Obtaining insurance cover to protect the client against the costs of their own disbursements and any Part 36 offer fulfils the practitioner’s obligations to their client and should be an integral process of any litigator’s own risk management.
Failure to obtain such insurance raises the distinct risk of a claim from the client if the litigation is ultimately unsuccessful.
It is a good discipline to undertake in respect of cases that are considered to be strong. If an ICICL policy cannot be obtained in the face of a Part 36 offer, the client has a right to know and is entitled to re-assess his risks of the case based on the reasons for declining to continue to insure the risk beyond a Part 36 offer.
Having the benefit of an ICICL policy can enable a claim that might not have been pursued beyond an initial Part 36 offer to proceed or to proceed much further than it would otherwise have done – a direct benefit to the practitioner.