Executive Council has today approved amendments to the Civil Litigation (Costs) Ordinance 2025, which strengthen fairness and improve access to justice. The current ordinance, scrutinised by all parties in the Judicial Review proceedings, based on legal advice, will clarify the circumstances under which After-the-Event (ATE) Insurance can be recovered and ensure our legislation meets the original intention of the Civil Litigation Costs Ordinance.
A key element of the proposal is the introduction of provisions relating to ATE insurance. These changes would allow the courts to include some or all of the cost of ATE insurance premiums in cost awards for medical negligence and personal injury claims. This is intended to reduce the financial risk for individuals pursuing legitimate claims and ensure that access to justice is not limited by personal financial circumstances.
Alongside this, the Civil Litigation (Costs) Notice 2026 has been amended to provide greater clarity and transparency around recoverable legal costs. It sets out when the cost of initial legal advice may be recovered, helping individuals better understand their position from the outset. The proposals also ensure that legal cost rates remain fair, consistent, and up to date. Solicitor rates would align with the England and Wales guideline hourly rates for “National Band 1”, allowing them to adjust over time without the need for frequent revisions.
Importantly, linking St Helena’s rates to those used in England and Wales represents a significant step forward. It ensures that the island’s legal framework remains aligned with recognised and well-established standards, providing confidence to both local residents and external legal professionals. This approach also helps future-proof the system, ensuring that it keeps pace with changes elsewhere while still being applied in a way that reflects St Helena’s local context.
The use of “National Band 1” is considered appropriate for St Helena as it reflects rates typically applied to all of England and Wales, except for parts of central London. Barristers would be paid at the highest rate.
The amendments approved by Executive Council will be published and open for public consultation prior to the next Legislative Council meeting.
Note to Editors
After the Event (ATE) insurance is a type of insurance used in legal cases, similar to a Conditional Fee Agreement (or “No Win – No Fee” Agreement). It is taken out after a dispute has already arisen, not before. It is insurance that protects claimants from having to pay large legal costs (for example in expert fees) if the claimant loses the case.