Expert insights and real-world strategies shared at Markel’s ATE insurance event

Our ATE insurance team hosted a well-attended and engaging event at Markel’s London office on 19th June 2025, bringing together around 50 personal injury and clinical negligence solicitors for a packed afternoon of insight, debate and expert commentary. The session was designed to give attendees detailed views of some of the more pertinent issues currently affecting the handling of personal injury cases and the important role played by ATE (After The Event) insurance.

ATE insurance remains an essential safeguard for personal injury and clinical negligence solicitors, and their clients. The cover offers important protection against the risk of paying opponent legal costs and disbursement fees in the event of an unsuccessful claim. Our event was a timely reminder of its importance and an opportunity to explore broader strategic challenges faced by solicitors in these fields.

A variety of speakers were lined up to provide their expertise on topical subjects.

The importance of cyber insurance: Matthew Harding, Head of Insurance at WillU

Matthew Harding delivered a warning about the growing cyber threat facing law firms. He outlined how the sensitive personal and medical data held by personal injury solicitors holds intrinsic value and is increasingly attractive to cybercriminals.

Matthew highlighted five major risk areas: phishing, ransomware, data breaches, insider threats and system failures, and reinforced the need for robust cyber insurance. He used a case study of an accountancy firm that faced a £150,000 ransom after an attack. Their cyber insurance policy covered the ransom, client legal costs, and business recovery and demonstrates how even smaller firms benefit from this type of cover.

Case management rehabilitation: Nicola Ewell, a senior case manager at Tania Brown Limited (part of Active Care Group)

Nicola Ewell followed with a discussion on case-managed rehabilitation (CMR) and its vital role in complex injury cases. Drawing on her extensive experience, she explained how CMR can significantly improve long-term outcomes by addressing both physical and psychological recovery in clients.

Her presentation included the case of a builder in his 30s who underwent a below-the-knee amputation. As well as physical support, meaningful engagement in activities like local football and social groups played a vital role in his rehabilitation.

Nicola stressed that CMR is more than just clinical support - it's about enabling independence, social connection, and quality of life.

Calculating loss of income: Elen Davis-Kay and Chris Wilkinson from Frenkel Topping

Elen Davis-Kay and Chris Wilkinson moved the conversation on by talking about the complex nature of how to calculate loss of income (including pension entitlements), particularly in long-terms injury claims. Their presentation highlighted how easy it is to undervalue claims when calculations are attempted without expert support.

They outlined the importance of considering nuanced factors such as pension scheme type (including private and public sector), benefits in kind, tax band shifts and salary progression.

Their message was clear: getting the numbers right is crucial to ensuring clients are fully compensated and not left out of pocket.

A view from the trenches: Henry Pitchers KC from No.5 Chambers

Henry Pitchers KC shared practical insights from his recent cases, focusing on six core areas of interest for personal injury and clinical negligence solicitors.

Henry began by stressing the value of early KC involvement, not just to shape a sound rehabilitation and quantum strategy, but also how this helps to engage more effectively with the opposing side. He offered a practical critique of joint settlement meetings (JSMs), urging those present not to feel pressured by initial low offers and to be prepared to initiate proceedings early if initial settlement offers were low or the other side was stalling.

Henry also discussed the ongoing debate around lump-sum payments versus periodical payment orders (PPOs), noting that insurers don’t like PPOs and often try to influence claimants with high lump-sum offers that may not be as good as they seem when factors such as inflation and taxation are taken into account.

Other subjects included the careful selection of expert witnesses, and how those that lack specific experience of a case can be detrimental. The contentious nature of accommodation claims explored insurer attitude towards rebuild, rather than refurbish was discussed, together with handle accusations of fundamental dishonesty by shifting pressure back to the other side.

Deductions from damages: Sam Hayman, Head of Costs at Bolt Burdon Kemp

The event concluded with Sam Hayman offering an update on cost deductions under Conditional Fee Agreements (CFAs). His talk explored the tension between ensuring access to justice for claimants and allowing solicitors to run sustainable businesses. Sam also discussed the heightened scrutiny surrounding protected parties and the need for greater transparency and proactive cost management across the board. His reflected the commercial realities of modern legal practice while advocating for fairness and clarity.

Throughout the afternoon, a common thread emerged: the need for specialist input, early planning, and a more strategic approach to personal injury and clinical negligence litigation. The event was relevant, had practical value, and was an opportunity for attendees to connect with fellow professionals and industry experts.

Our ATE team was delighted to bring this event together, reinforcing Markel’s position as a trusted partner for solicitors operating in these important areas of specialism. As ATE insurance continues to evolve alongside the legal and financial pressures faced by personal injury and clinical negligence practices, events like this underline our commitment to supporting the sector with specialist knowledge, practical guidance and a genuine understanding of the challenges ahead.