The Prisons and Courts Bill

The recent withdrawal of The Prisons and Courts Bill as a result of the dissolution of Parliament 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. It would’ve introduced 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. However, there are still many Law Firms in the market who struggle with the concept of ATE Insurance. In particular, what the benefits actually are to insure their clients’ cases for adverse costs. As well as their own disbursements as early as possible rather than waiting until proceedings are about to be issued.

ATE Insurance

At Acasta, we offer a range of market leading ATE Insurance products to Claimant Lawyers. These are avaiable on both a delegated authority and bespoke basis. Our delegated authority covers claim types such as RTA, EL, PL, OL and Employment. All of these provide cover for the clients’ disbursements and their opponents’ costs and disbursements. The products work on a flat rated delegated authority offering. This means 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. As well as own disbursements on their case should ideally be best practice. Not only that though, it is actually a regulatory requirement. This 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. This is due to the amount of noise that the Motor Insurers will once again make. They continue lobbying the new Government to get the Bill back onto their agenda. However, 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. Please call 0800 668 1350 or visit