Matthew Williams answers the following question: ‘Looming limitation’ – Might this affect prospects for obtaining commercial after the event legal expenses insurance (ATE) or the terms on which it’s offered?

1. Mobile at the core...
Recent research published by digital marketing company,
Search Star, found that 48 of the top 100 UK firms have
failed to develop mobile-friendly websites to Google’s
satisfaction, meaning they will fall down search engines
rankings following an algorithm change. Why are so many
law firms failing to recognise the importance of optimised
websites as part of their marketing strategies?
Ihave a horrible feeling that this
myopia comes down to the old
unshakeable belief in some legal
services organisations - that a website
is merely a brochure. So why bother
investing much in it?
For us at Eclipse, and I know for
many of my legal services clients,
being visible on the web is vital. The very first place a
potential customer will look for your services is increasingly
becoming Google. That’s where the research starts, and
that’s the point at which you can capture them. If your
website is sufficiently compelling, understandable and
confidence-inspiring to move that potential customer
to ‘engage’ with you, then fantastic - that’s business
development in action.
An optimised website is an absolute must-have. I know that,
personally, if I access a service provider’s site on my phone
and it doesn’t look optimised to that device - I will leave
pretty sharpish. Not through web snobbery or an inflated
sense of marketing know-how but simply because a site
not optimised to the appropriate device is a pain to use,
navigate, and absorb yourself into. If of course, Google even
lists it in the first place.
The key for your website is that it should embody your
brand and business values. It should tell your potential
customer about you, not just through words on a page, but
by how good the client’s experience with your website is.
Does it load quickly?
Does it look and behave how I expect it to? Like it ‘belongs’
on my phone?
Can I get to the information I want quickly - with no
awkward scrolling or multiple screen-presses/taps/
gestures?
And - vitally - can I make contact with your firm quickly, easily,
and do you tell me what I should expect to happen next?
An optimised website should be an absolutely core part of
your overall customer contact and marketing strategies.
Darren Gower, Marketing Director, Eclipse Legal Systems,
part of Capita plc.
Q: ‘Looming limitation’ – Might
this affect prospects for obtaining
commercial after the event legal
expenses insurance (ATE) or the terms
on which it’s offered?
A: Yes. Try to avoid ‘last minute’ applications.
Dispute resolution practitioners are
acutely aware of limitation issues
and key dates are likely to be the first
item flagged on a file. These issues
are also significant for ATE insurers.
Litigators might want to have the
following in mind at the ‘flag up’ stage.
1. Where limitation is not an issue, an insurer can assess
an application in ‘the usual way’, focusing on claim
merits and ‘commercials’. The cost of cover will be
calculated accordingly.
2. If limitation is, or may be an issue, the basis of
assessment changes. Instead of focusing solely on the
claim ‘A’, a review will necessarily include consideration
of the additional risks/changed commercials brought
about by the limitation issue(s) ‘B’. In addition
to prospects, there are knock on effects for case
economics. This may affect the level of cover required
and could impact on proportionality.
3. Limitation scenarios and ramifications are wide
ranging. Insurers may be faced with the complex
points that can often arise from questions such as,
• Is the primary period about to expire, making dates
for issue and service crucial? If so, are all necessary
claims and parties being included? Are some less
meritorious claims included as ‘belt and braces’?
What might the costs ramifications of that be?
• Is the relevant date disputed? Will the opponent say
limitation expired pre issue?
• Will there be reliance on an extended limitation
period? If the date of knowledge is key, how strong
is the evidence on that?
• Where loss is continuing will damages be restricted
to say 6 years prior to issue? If so could the actual
date of issue significantly affect achievable quantum?
4. Insurers often find themselves in the frustrating position
of being presented with applications where claim
‘A’ would have attracted a straight forward offer of
cover, ‘but for’ the complications of limitation point ‘B’.
Depending on the circumstances, ‘B’ might not prevent
cover being offered, but it may be on different terms,
ranging from a higher price, to the exclusion of one or
more elements, with other possibilities in between.
There are many reasons, why some claims do not get
issued until ‘right up against limitation’. They often include
the practicalities of how costs will be met. Addressing
these points earlier could optimise prospects for obtaining
ATE cover/cover on the most advantageous terms.
Matthew Williams, Head of AmTrust Law.
If you have any further questions regarding this or would
like to discuss further with AmTrust, please visit our
LinkedIn Forum: www.linkedin.com/company/amtrust-law
ML // June 2015
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