Related claims would also be subject to a cap. The Solicitors Regulation Authority (SRA) also want to drop proposals for the introduction of a hardship test.
The
compensation fund protects clients who lose money due to dishonesty by a
solicitor, or in circumstances where they cannot claim on a law firm’s
professional indemnity insurance.
The changes are
based on an earlier consultation in 2018 on both professional indemnity
insurance arrangements and how the fund is managed.
The SRA would
focus eligibility criteria on people most in need of protection, remove
hardship tests, restrict applications to recipients of legal services from the
solicitor involved, cap single claims to £500,000, cap the total amount for
related claims, and bar claims where an insurance policy has been voided or has
already paid out.
Paul Philip,
SRA Chief Executive, said: ‘The Compensation Fund provides an essential safety
net for those who need it, helping to maintain trust in the profession when
things go wrong.
‘However,
funding the scheme comes at a cost, which is borne by the wider profession and
ultimately their clients. We have seen how significant risks in the market over
recent years, including solicitor involvement in dubious investment schemes,
have affected the Fund and contributions from the profession.
‘We want to
strike the right balance between protecting clients’ money and making sure that
the Fund remains sustainable for the future.’
The
consultation, ‘Compensation fund reform’, ends on 21 April.
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