Court Attendance Costs Cover Explained

Reviewed by Matthew Bartlett, Director, Apex Insurance Brokers Limited · Last reviewed 2026-08-05

What court attendance costs cover actually is

When a business faces a legal dispute — a professional negligence claim, an employment matter, a regulatory investigation or a liability action — the people who run it can be compelled to give evidence in person. That means days away from fee-earning or managing the business, often at short notice and outside anyone’s control.

Court attendance costs cover (sometimes called “court attendance compensation” or “attendance costs”) responds to exactly this. It pays a fixed daily benefit for each day a named individual has to attend a hearing, tribunal, arbitration or deposition in relation to a claim the policy already covers. The payment is compensation for time and disruption — it is not a reimbursement of legal fees, and it is not paid because you lost the case.

It typically appears as a built-in extension inside directors’ and officers’ (D&O) liability, management liability and some professional indemnity or combined commercial policies. Because it is tied to a covered claim, you cannot buy it on its own.

How the daily benefit works

Cover is usually expressed as a daily rate per person, with a cap on the total the policy will pay. Rates are commonly banded by seniority, reflecting the higher opportunity cost of a director’s or partner’s time. The figures below are illustrative of how insurers structure the benefit — your own schedule sets the actual amounts.

Two numbers matter on your schedule: the daily rate for each category of person, and the aggregate limit — the most the extension will pay in total across the policy year, regardless of how many days are attended. Some wordings apply the benefit only once a hearing actually takes place, not for preparation or waiting time.

Check the attendance benefit on your own policy →

When you can be required to attend

Attendance is rarely voluntary. In civil proceedings in England and Wales, a witness can be formally compelled to attend by a witness summons under Part 34 of the Civil Procedure Rules, and depositions can be ordered where evidence needs to be taken before trial. Employment matters are heard by the Employment Tribunal, and regulated firms may also be called before disciplinary or regulatory panels. In each case, attendance is a legal obligation, not a choice — which is precisely why the cover exists.

The disruption is real: hearings are scheduled around the court’s diary, can be adjourned, and often require a full day even for a short appearance. For a small brokerage, practice or consultancy, losing a director for several days can have a material effect on trading.

What it does and does not pay

• Pays: a fixed daily sum per named individual for each day of required attendance at a court, tribunal, arbitration or deposition connected to a covered claim.
• Does not pay: your legal defence costs — those sit under the main indemnity of the liability policy, not this extension.
• Does not pay: damages, settlements, fines or penalties.
• Does not pay: attendance connected to a matter the policy would not otherwise cover, or to proceedings you brought yourself where excluded.
• May not pay: preparation, travel or waiting time, unless the wording specifically includes them.

The key point is that court attendance costs cover is a supplementary benefit. It sits alongside the substantive protection of your liability policy and softens the practical cost of being pulled into a legal process.

How it fits with your wider cover

Think of a liability policy in layers. The main indemnity handles the claim itself — defence costs and any damages you are liable to pay. Court attendance costs cover addresses a different problem: the time your people lose when they are required to give evidence. One protects the balance sheet against the claim; the other compensates for the operational drag of dealing with it.

Because the extension only triggers on a covered claim, the scope of your underlying policy matters most. If the main policy would not respond to the underlying matter, the attendance benefit will not respond either. That makes it worth reviewing the two together rather than treating the daily benefit in isolation.

What to check on your schedule

• The daily rate for directors, partners, managers and employees — and whether each band is realistic for your business.
• The aggregate limit for the policy year.
• Whether tribunals, arbitrations, depositions and regulatory hearings are all included, or only court hearings.
• Whether part days count as full days, and whether preparation or travel time is covered.
• Which individuals are “insured persons” for the purpose of the benefit.

Common questions

Is court attendance costs cover the same as legal expenses insurance?

No. Legal expenses insurance funds the cost of pursuing or defending a dispute — solicitors, barristers and disbursements. Court attendance costs cover only pays a fixed daily sum for the time your people spend attending a hearing connected to a covered claim. They address different costs and often sit in different policies.

Do I get paid if I attend court but the claim is not covered?

Generally no. The benefit is tied to a claim the policy covers. If the underlying matter falls outside your policy — for example, an excluded activity — the attendance benefit will not respond either. Always check the trigger wording with your broker.

Does it cover attending as a witness in someone else’s case?

Only if the wording says so and the matter connects to a covered claim. Many policies are framed around proceedings involving the insured. If you expect to be called as a third-party witness, ask us to confirm whether your extension reaches that far.

Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority (FRN 724952). This guide is general information, not advice on a specific policy or a substitute for your policy wording.