Litigation Letter
Security and ATE
Al-Koronky and another v Time-Life Entertainment Group Ltd and another [2006] EWCA Civ 1123
The fact that a claimant has a conditional fee agreement with his solicitors backed by after-the-event (ATE) insurance is
not in itself a sufficient reason for not making an order for security for costs. Nearly all ATE policies contain wide terms
enabling an insurer to repudiate if a claim fails because of the insured’s own conduct. In the present case, if the claimant
lost at the trial, it was likely that it would be on grounds that would render their ATE insurance policy ineffective.