ATE insurance still has an important role to play, however, in protecting claimants from the cost of expert reports and failure to beat a Part 36 offer.
What is a Part 36 offer?
A Part 36 offer encourages parties to try and settle a dispute before going to trial.
The recipient of the offer must carefully consider the potential consequences of not accepting the offer because they are likely to incur legal costs from the date the offer was made.
A Part 36 offer will affect the judge’s decision as to who should pay costs relating to failure to accept the offer.
An ATE policy will ensure that you don’t pick up the other party’s costs relating to the Part 36, as well as covering the cost of expensive medical reports.