After the event (ATE) insurance has long been a crucial safeguard in litigation funding, but in today’s regulatory environment its importance has only increased, and whether you’re a solicitor specialising in personal injury, clinical negligence, commercial disputes or group litigation, understanding when and why you and your clients need ATE insurance is essential.
In this guide, we explore why solicitors across the UK rely on ATE cover, how different claim types shape the need for robust policies and why evolving regulations make partnering with a fully compliant provider more important than ever.
Let’s begin with…
Why Do Solicitors Need ATE Insurance?
ATE insurance protects claimants against the financial risk of losing a case and having to pay the opponent’s costs.
For solicitors, it offers an equally important layer of protection, including:
- Client confidence and access to justice; as ATE insurance allows you to reassure clients that they can pursue valid claims without the fear of crippling adverse costs, and therefore strengthens access to justice and helps maintain a strong pipeline of cases
- Risk management for your firm; as a well-structured ATE policy can safeguard your firm from unrecoverable disbursements and wasted costs orders by demonstrating a proactive approach to risk, which is increasingly scrutinised by regulators and professional indemnity insurers
- And compliance and professional duty; as under the Solicitors Regulation Authority (SRA) Code of Conduct, solicitors must act in their clients’ best interests and advise on funding options, and recommending suitable ATE cover is a key part of that obligation
Why Do Different Claim Types Require Tailored ATE Insurance?
Not all claims are created equal, and each litigation category brings unique cost exposures and recovery challenges, making carefully chosen ATE cover essential.
When it comes to identifying the different types available, you can consider:
- Personal injury and clinical negligence; whereby high-value medical evidence and expert witness costs can escalate quickly, therefore ATE policies with staged premiums or deferred payment options help protect both client and firm when cases run longer than expected
- Commercial disputes: whereby business-critical litigation often involves complex cost schedules and cross-border considerations, therefore a robust ATE cover ensures security for opponents’ costs and can strengthen your client’s negotiating position
- Or group litigation and financial mis-selling; where hundreds or thousands of claimants are involved, courts demand clear proof of the insurer’s financial stability and the policy’s recoverability, therefore ATE cover must withstand detailed judicial scrutiny and support large-scale case management
As a result, matching policy terms such as indemnity limits, premium structure and triggers to the specific risks of each claim type, allows solicitors can protect clients and maintain professional standards.
Changing Regulations Demand Robust ATE Policies
The regulatory landscape has tightened significantly since the Financial Conduct Authority (FCA’s) Consumer Duty came into force in 2023, and 2025 has already seen further developments.
For solicitors, this means that the ATE insurance you recommend must meet heightened expectations which considers:
- FCA and SRA oversight; as both regulators now scrutinise pricing structures, premium explanations, and policy wording, meaning solicitors must demonstrate that clients fully understand cover and costs
- Court expectations; as judges increasingly request detailed ATE documentation, especially in high-volume or high-value claims, meaning policies lacking transparency or clear triggers risk being challenged on recoverability
- Data protection and cyber compliance; as with updated ICO guidance, insurers and legal firms must ensure that digital records and client data are fully secure – an area where reputable ATE providers distinguish themselves
But these regulatory pressures mean that choosing a financially sound, compliance-first insurer is no longer optional – it is a professional necessity.
What Should You Look for In an ATE Insurance Partner?
Selecting the right provider is as important as deciding to take out cover in the first place, and solicitors should seek insurers that always offer:
- Transparent policy wording and pricing fixed premiums with no hidden terms
- Proven financial stability with a-rated underwriters and a strong claims track record
- Comprehensive compliance support with documentation and audit-ready processes aligned with FCA and SRA standards
- And flexible cover including tailored policies for everything from individual clinical negligence cases to complex group litigation
Considering these points when working with an experienced ATE specialist ensures that every policy you recommend stands up to client, court, and regulatory scrutiny.
Why Should You Choose amberis?
At amberis, we believe ATE insurance should be simple, transparent, and fully compliant, and our approach is built around:
- Clear, client-friendly documentation and fixed premiums
- Robust compliance frameworks that meet FCA Consumer Duty requirements
- Secure digital platforms for real-time policy tracking and audit readiness
- And offering tailored solutions across personal injury, clinical negligence, commercial disputes, and large-scale group litigation
With more than 20 years of industry expertise and a proven record of financial stability, we help solicitors protect their clients, their firms and their reputations, so if you are a solicitor advising clients on litigation funding in 2025 and need ATE insurance, we’re here to help.
From managing risk and meeting regulatory duties, through to supporting access to justice, ATE cover is no longer a nice to have, it is a professional imperative, and an essential tool for solicitors today.
To discuss how amberis can support your firm with fully compliant, solicitor focused ATE insurance, contact us today.