Losing parties are being encouraged to consider suing their solicitors where they were not advised about the possibility of obtaining after the event (ATE) insurance. The requirement to advise clients about insurance exists in all cases and not only those where a conditional fee agreement is in place (see the Solicitors’ Code of Conduct and Adris v Royal Bank of Scotland). The risk posed by such claims will be removed to a significant extent when, as anticipated, the successful party is no longer able to recover the premium from the losing party.