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Courts have laid strong foundation against recovering ATE insurance premiums

Friday, November 03, 2017 @ 10:22 AM | By Julia Vizzaccaro

During settlement negotiations or at the end of trial, a successful plaintiff will expect to recover from the defendant some or all of the costs incurred in pursuing a claim. As defence counsel, it is necessary to consider whether all costs claimed by the plaintiff are truly recoverable disbursements.

The recent trend toward the use of insurance products known as after-the-event (ATE) insurance (or adverse costs protection insurance) or legal cost indemnities has raised the question of whether the premiums for such products are recoverable disbursements....