Construction Disputes Insurance Product

Enforcing Adjudicator’s Decisions in Construction Disputes

Temple have developed an ATE insurance product that plays a vital part in assisting insolvent building sub-contractors in enforcing adjudicator’s decisions.

Now that “anti-adjudication” injunctions have been consigned to history due the Supreme Court’s landmark decision in Bresco Electrical Services Ltd (In Liquidation) (Appellant/Cross-Respondent) v Michael J Lonsdale (Electrical) Ltd (Respondent/Cross-Appellant) [2020] UKSC 25 , the question still remains, how to enforce the adjudicator’s decision given the insolvent status of the referring party?

This problem was addressed in the case of Meadowside Building Developments v 12-18 Hill Street Management [2019] EWHC 2651 (TCC). The Court stipulated that among two other measures, an after-the-event insurance policy is required in these types of case, providing adequate security for the responding party’s costs in (1) defending any summary judgment application and (2) prosecuting any final determination proceedings challenging the adjudicator’s decision.

Temple’s specialist insurance product has been designed specifically to provide cover for these two risks.

The policy was the subject of a great deal of scrutiny by the judge and the opponent’s Counsel in a case we underwrote in which our insured was ultimately successful [ Balfour Beatty Civil Engineering Ltd v Astec Projects Limited (In Liquidation) [2020] 796 (TCC)]. It has been found fit for purpose.

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Bespoke Underwriting

For complex cases, our experienced team provides quick, commercial decisions to get your funding in place.

Chartered Excellence

As a Corporate Chartered Underwriting Agent, we operate to the highest professional and ethical standards in the UK.

A-Rated Security

Backed by Intact Insurance UK Limited, providing global financial strength for your peace of mind.

Wilson Browne Solicitors have a long-standing arrangement with Temple Legal Protection to provide litigation insurance cover for our property litigation clients. It is extremely straightforward to use, the policy quite simply works and it is comforting for clients to have the option of disbursement funding in addition. All in all the whole thing is a bit of a ‘no-brainer’, especially for clients who are naturally concerned about the financial risks when undertaking litigation. Once in place the policy gives both us and clients great peace of mind: it allows us to get on and deliver on our promise of being “all the help you need.

Kevin RogersWilson Browne Solicitors

We and our clients have used Temple for ATE insurance on many occasions. Most recently we acted for a liquidator pursuing claims to recover assets for the liquidation estate. After lengthy and heavily contested litigation, ultimately settlement was achieved at mediation. That settlement was only possible with the assistance of Temple’s direct, pragmatic and commercial approach. This was much appreciated by both us and the client.

Matthew KellyFreeths Solicitors

Temple Legal are brilliant. Jamela and her team have a deep understanding of litigation and legal risk. They are responsive to client requirements throughout and have developed a user-friendly platform for case updates.

Securing ATE insurance cover from Temple Legal provides enormous comfort to libel defendants. It is a key factor in their decision to defend claims against them as it insulates them from the risk of paying opponents’ legal costs.

We look forward to working with Temple Legal again soon.