Civil Procedure Rules and ATE Insurance

Posted on Wednesday, October 7th, 2009

The 50th Update of the Civil Procedure Rules saw new rules come into force on 1st October 2009 regarding ATE policies and the information required to be given to opponents.

This amendment to Section 19.4 of the Practice Direction Supplementing Parts 43 to 48 of the Civil Procedure Rules relates to further information that must be given to opponents regarding ATE policies.

The amendment means that for any ATE insurance premiums issued on or after 1st October 2009, the following additional informationmust be given:

  • the level of cover, the name and address of the insurer, the policy number and date of the policy and identify the claim or claims to which it relates (including any Part 20 claims if any)
  • whether the insurance premiums are staged and if so, the points at which an increased premium is payable

In addition, disclosure pre-issue is now mandatory and disclosure must be within 7 days of entering into the funding arrangement concerned or with the letter before claim if the Claimant enters into a funding arrangement before sending the letter before claim.

There is a new N251 Form which incorporates the new changes and is now available via the HMCS website.

Failure to comply with these amendments will seriously affect your ability to recover costs to which you are entitled.

Please contact Martin Walsh on 01768 213072 to discuss any queries you may have regarding these recent updates.

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