The case of Mardner v Gardner and others [2014] UKEAT/0483/13 acts as a timely reminder that many clients may have legal expenses insurance (LEI). In Mardner a costs order was imposed despite the claimant having LEI and therefore not being out of pocket.

Car insurance and home insurance often have LEI as an add-on, but so also do some credit cards and breakdown cover policies. Many clients may not even be aware, so checking with their insurers and bank may provide legal assistance that they may not otherwise be able to afford.

On the employers’ side some chambers of commerce provide LEI as an automatic benefit for members.

There are often some restrictions, so the policy wording should be checked, but for many individuals and companies it would be worth finding out if any of their policies or membership benefits include LEI.

For those who don’t have LEI it may be worth considering after-the-event insurance.