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Yes, you can get After the Event Insurance for a high-value claim, and in many respects, high-value cases are exactly where this type of cover matters most. When the sums at stake run into hundreds of thousands or even millions of pounds, the financial exposure if a case fails grows in proportion. After the Event Insurance, commonly known as ATE Insurance, exists precisely to manage that exposure, giving claimants and their solicitors the confidence to pursue substantial claims without risking financial ruin if the outcome does not go their way.
High-value litigation carries a different character to smaller disputes. The legal costs are higher, the evidence is often more technical, the opponent is frequently well-resourced, and the length of proceedings can stretch into years. Every one of these factors increases the potential liability for adverse costs, which is the amount a losing party may be ordered to pay towards the winning side's legal fees under the "loser pays" principle that applies across most civil litigation in England and Wales. ATE Insurance addresses this risk directly by covering opponent's costs and, depending on the policy, a claimant's own disbursements, should the claim be unsuccessful.
At Legal Ex Plus, we work with solicitors and claimants across England and Wales to arrange tailored After the Event Insurance for cases of significant value and complexity. This article explains how ATE Insurance for high-value claims actually works, what insurers look for, and how to put the right cover in place before litigation risk becomes a problem rather than a manageable part of your case strategy.
A high-value claim is generally understood as litigation where the sums in dispute, the potential damages, or the anticipated legal costs are substantially above the level seen in routine civil cases. There is no single fixed threshold that applies across every area of law, because what counts as high value in a personal injury claim differs from what counts as high value in a commercial dispute.
In practical terms, solicitors and insurers tend to view claims as high value when:
High-value litigation spans many practice areas. Common examples include serious commercial disputes over breach of contract, shareholder disputes involving valuation and control of a business, professional negligence claims against accountants, solicitors, or surveyors, clinical negligence cases involving catastrophic injury, property litigation concerning boundary disputes or development contracts, insolvency disputes over director conduct or asset recovery, and group litigation where numerous claimants pursue a common cause of action. Judicial review matters with significant public or commercial implications can also fall into this category, particularly where costs escalate due to the complexity of administrative law arguments.
Yes, ATE Insurance is available for high-value claims, and specialist insurers are often better placed to assess these cases fairly than generalist providers. High-value litigation requires more detailed underwriting because the potential liability is greater, but this does not mean cover is harder to obtain. It means the process is more thorough.
Insurers assess the merits of the case, the strength of the evidence, the litigation strategy, and the likely costs exposure before offering terms. A well-prepared application with clear supporting documentation, including counsel's opinion on liability and quantum, tends to move through underwriting more efficiently. This is where working with a broker who understands high-value litigation, such as Legal Ex Plus, makes a genuine difference to how quickly and how favourably terms are secured.
Any claimant facing significant costs exposure in a high-value dispute should consider ATE Insurance, along with the solicitors advising them. This includes businesses pursuing commercial litigation, individuals bringing professional negligence or clinical negligence claims, shareholders in company disputes, and parties involved in property or insolvency litigation.
Business owners pursuing breach of contract, partnership disagreements, or commercial fraud claims often face opponents with deep pockets and experienced legal teams. ATE Insurance gives these claimants the ability to pursue a legitimate claim without exposing company reserves to the risk of an adverse costs order.
Solicitors acting on conditional fee agreements, sometimes called no-win no-fee arrangements, have a professional interest in ensuring their clients are protected against costs risk. Arranging After the Event Insurance protects the client's financial position and supports the solicitor's own risk management, particularly in cases where the firm has invested significant time on a deferred fee basis.
Clinical negligence and professional negligence claims often involve lengthy investigations, multiple expert reports, and substantial legal costs on both sides. ATE Insurance allows individuals to pursue these claims, which can involve life-changing compensation, without the fear that losing the case would leave them liable for the defendant's costs.
After the Event Insurance works by providing an indemnity against defined legal costs if a claim is unsuccessful, in exchange for a premium that is usually payable only if the case succeeds. In complex litigation, this structure is adapted to reflect the higher risk and the longer timescale involved.
Cover is typically arranged after a solicitor has taken instructions and formed an initial view on the merits of the case, which is why it carries the name "after the event," in contrast to before the event legal expenses insurance that is arranged in advance as part of a wider insurance policy. In high-value matters, the underwriting process usually involves a closer review of the pleadings, witness evidence, and any counsel's advice already obtained.
Many ATE policies for high-value claims use staged or deferred premium structures. This means the premium increases at defined points in the litigation, such as after the exchange of witness statements or at the point proceedings are issued, and becomes payable from damages recovered if the case is won. If the case is lost, the premium is typically not payable at all, which keeps the claimant's financial risk contained throughout the litigation.
High-value litigation can change shape significantly between the initial claim and trial. New evidence may strengthen or weaken the case, additional parties may be joined, or the scope of the dispute may widen. Because of this, ATE Insurance for substantial claims is often reviewed at key milestones, allowing the level of cover to be adjusted so it continues to reflect the actual costs risk as the case progresses.
Yes, claim value affects ATE Insurance premiums, but not in a simple straight-line way. Insurers price premiums based on the level of risk they are taking on, which is influenced by the potential costs exposure, the strength of the case, and the likely duration of proceedings, rather than purely the value of the damages claimed.
A high-value claim with strong supporting evidence and a clear liability position can sometimes secure more favourable terms than a lower-value claim with weaker prospects, because the insurer's assessment centres on the probability of success and the anticipated costs, not the size of the claim in isolation. That said, higher potential adverse costs generally do increase the level of indemnity required, which is a factor in how premiums are calculated.
Several elements combine to determine the premium for a high-value claim, including the merits of the case as assessed by counsel, the anticipated length and complexity of proceedings, the litigation risk posed by the opposing party, the level of indemnity required to cover potential adverse costs, and the stage of proceedings at which cover is arranged. Cases arranged early, before significant costs have already been incurred, often benefit from more competitive terms because the insurer is taking on risk from an earlier and more manageable point.
ATE Insurance can cover a defined range of legal costs, most commonly the opponent's legal costs if the claim is unsuccessful, along with a claimant's own disbursements such as court fees, expert witness fees, and counsel's fees. In high-value litigation, disbursements can themselves be substantial, particularly where multiple expert reports are required across different disciplines.
The precise scope of cover depends on the policy terms, which should be discussed and agreed with the insurer or broker before proceedings begin in earnest. At Legal Ex Plus, our After the Event Insurance policies are structured to give claimants and solicitors clarity on exactly what is covered, so there are no unwelcome surprises if a case does not succeed.
Insurers assess several core factors before offering ATE Insurance for a high-value claim, centred on the strength of the case, the level of financial exposure, and the credibility of the party bringing the claim. Because the potential liability is greater in high-value matters, this assessment tends to be more detailed than for smaller claims.
Key factors typically include the prospects of success as assessed by the instructed solicitor or counsel, the quality and availability of supporting evidence, the financial standing and litigation conduct of the opposing party, the anticipated costs budget for the case, and any funding arrangement already in place, such as a conditional fee agreement or third-party litigation funding. Insurers with genuine expertise in commercial litigation insurance and civil litigation insurance are generally better equipped to interpret these factors accurately, which is why specialist underwriting matters so much in high-value matters.
Generalist insurers can struggle to properly evaluate complex, high-value claims, particularly in areas such as professional negligence, shareholder disputes, or insolvency litigation where the legal and commercial issues are intertwined. Specialist underwriting brings a deeper understanding of litigation risk, costs budgeting under the Civil Procedure Rules, and the practical realities of how high-value cases progress through the courts. This experience allows for more accurate pricing and fairer terms, rather than overly cautious decisions based on claim size alone.
ATE Insurance should ideally be arranged as early as possible in a high-value claim, before significant costs have been incurred and ideally before proceedings are issued. Arranging cover early allows the insurer to price the risk from the outset and gives the claimant continuous protection throughout the life of the case.
Waiting until later in proceedings is still possible, and cover can be arranged at various stages, but doing so may mean that costs already incurred are not covered, or that premiums reflect the more advanced stage and reduced ability to manage the risk. For high-value litigation in particular, early engagement with a broker experienced in insurance for legal costs allows time to properly assess the case and structure a policy that matches the anticipated trajectory of the claim.
Insurers typically require a defined set of documents to assess an application for ATE Insurance on a high-value claim. This usually includes a summary of the claim or particulars of claim, an assessment of the merits from the instructed solicitor, counsel's opinion where one has been obtained, an estimate of costs to trial or settlement, and details of any existing funding arrangement such as a conditional fee agreement.
For high-value and complex litigation, insurers may also request copies of key correspondence, expert reports, or a costs budget if one has been prepared under the Civil Procedure Rules. Providing complete and well-organised documentation at the outset helps underwriters reach a decision more quickly and often results in more favourable terms.
Yes, solicitors can and routinely do arrange After the Event Insurance on behalf of their clients. In fact, ATE Insurance is typically purchased by the solicitor acting for the claimant, rather than the claimant applying directly to an insurer. This reflects the solicitor's role in assessing the merits of the case and presenting the application in the appropriate legal and factual context.
Solicitors working across personal injury, clinical negligence, commercial litigation, housing disrepair, and professional negligence regularly liaise with insurance specialists to secure appropriate cover for their clients. At Legal Ex Plus, we work directly with solicitors handling high-value litigation, supporting them through the application process and structuring policies that reflect the specific demands of each case, whether that involves a single substantial claim or coordinated litigation involving multiple claimants.
Legal Ex Plus brings specialist underwriting experience to high-value and complex civil litigation, offering flexible policy structures that are tailored to the individual demands of each case rather than a one-size-fits-all approach. Our focus on litigation funding and legal expenses insurance means we understand the practical pressures facing solicitors and claimants in substantial disputes, from commercial litigation insurance through to clinical negligence and professional negligence claims.
We support solicitors throughout the application process, helping to present cases clearly to underwriters and structure cover that reflects the true risk profile of the claim. This combination of solicitor support, cost protection, and genuine UK legal expertise is what allows claimants to pursue high-value litigation with confidence, knowing their exposure to adverse costs is properly managed from the outset.
Yes, After the Event Insurance is available for high-value claims. Specialist insurers assess the merits, costs exposure, and evidence base of the case rather than declining cover simply because the claim value is substantial, making ATE Insurance a practical option for significant litigation.
There is no fixed threshold, but claims are generally treated as high value when damages, legal costs, or both run into six or seven figures, or when the case involves complex evidence, multiple parties, or a well-resourced opponent likely to contest the claim robustly.
Claim value influences premiums, but insurers focus primarily on the strength of the case and the anticipated costs exposure rather than damages alone. A strong high-value claim can sometimes secure better terms than a weaker lower-value one.
The best time is as early as possible, ideally before proceedings are issued, so the insurer can price the risk from the outset and cover applies to costs incurred throughout the case rather than only from a later stage.
In most cases, no. Premiums are typically only payable if the claim succeeds, and many policies for high-value litigation use staged or deferred premium structures linked to key stages of the case.
Yes, solicitors routinely arrange After the Event Insurance on behalf of their clients, since they are best placed to assess the merits of the claim and present the application to insurers with the appropriate supporting evidence.
ATE Insurance typically covers the opponent's legal costs if the claim is unsuccessful, along with a claimant's own disbursements such as court fees and expert witness fees, subject to the specific terms of the policy.
Eligible claims commonly include commercial disputes, professional negligence, clinical negligence, shareholder disputes, insolvency litigation, property litigation, and group litigation, among other areas of complex civil litigation.
Specialist underwriting ensures the insurer properly understands litigation risk, costs budgeting, and the realities of complex cases, leading to more accurate pricing and fairer terms than a generalist assessment based on claim size alone.
Typical requirements include a summary of the claim, a merits assessment from the solicitor or counsel, an estimate of costs, and details of any existing funding arrangement. Additional documents such as expert reports or a costs budget may be requested for complex cases.
After the Event Insurance is available for high-value claims, and it plays a central role in managing the financial risk that comes with substantial litigation. High-value disputes bring greater potential costs exposure, longer timescales, and often better-resourced opponents, all of which make cost protection more important, not less accessible. With the right underwriting, clear documentation, and early engagement, claimants and solicitors can secure ATE Insurance that reflects the true risk profile of the case, giving genuine litigation confidence throughout the proceedings.
Legal Ex Plus specialises in arranging tailored After the Event Insurance for high-value and complex litigation across England and Wales, working closely with solicitors and claimants to structure cover that fits the specific demands of each case.
If you are considering ATE Insurance for a high-value claim, speak to the specialists at Legal Ex Plus. Our team understands the complexities of high-value litigation and works closely with solicitors and claimants to arrange tailored cover with confidence. Call us on 0800 180 4203, email info@legalexplus.com, or visit our After the Event Insurance page to get a quote and discuss your case with our specialist underwriting team today.
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