The Prisons and Courts Bill
With the recent withdrawal of The Prisons and Courts Bill as a result of the dissolution of Parliament due to June’s upcoming general election, this is a welcome respite for Claimant Personal Injury Lawyers, who were opposed to the changes.
If implemented, the Bill would have radically changed the personal injury market by introducing a tariff system for whiplash damages and a ban on pre-medical offers.
ATE Insurance is a key element in many Personal Injury cases and on most Claimant Injury Lawyers shopping lists in the Post LASPO world, but there are still many Law Firms in the market who struggle with the concept of ATE Insurance and what the benefits actually are to insure their clients’ cases for adverse costs and own disbursements as early as possible rather than waiting until proceedings are about to be issued.
Acasta Europe Ltd offer a range of market leading ATE Insurance products to Claimant Lawyers on a delegated authority basis covering claim types such as RTA, EL, PL, OL and Employment which all provide cover for the clients’ disbursements and their opponents’ costs and disbursements. All of these products work on a flat rated delegated authority offering meaning that the Claimant Lawyer has the underwriting capability to insure their client’s cases up to an agreed level of indemnity (LOI) via an on-line Portal. All premiums are fully deferred and contingent upon the success of the case as well as being fully self-insured.
Making sure that your client is clear about how an ATE Insurance policy can protect them from adverse costs and own disbursements on their case should ideally be best practice. Not only that though, it is actually a regulatory requirement which could help to reduce your firm’s risk of a future professional negligence claim.
The Prisons and Courts Bill will no doubt be resurrected at some point in the future due to the amount of noise that the Motor Insurers will once again make by lobbying the new Government to get the Bill back onto their agenda, but it is unlikely to be implemented from October 2018 as was planned and will no doubt fall into a new date somewhere in 2019.
For further information or to contact Acasta Europe Ltd to discuss your ATE Insurance requirements before the Prisons and Courts Bill is implemented, please call 0800 668 1350 or visit www.acastaeurope.co.uk