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28 February 2014 / Alison Padfield
Issue: 7596 / Categories: Features , Commercial
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Hobson’s choice?

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Alison Padfield considers the limits on the freedom to choose a lawyer

The freedom to choose a lawyer under a policy of before the event (BTE) legal expenses insurance is expressly set out in reg 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990 (SI 1990/1159). The right is to choose a lawyer “to defend, represent or serve the interests of the insured in any inquiry or proceedings” (reg 6(1)), and there is also a right to do so at an earlier stage if a conflict of interest arises between the insurer and the insured (reg 6(2)). The regulations implement Directive 87/344/EEC, and reg 6, which requires the freedom to be expressly set out in the policy of legal expenses insurance, essentially reproduces the wording of Art 4 of the directive. Some aspects of the freedom have been considered in a series of recent cases, but important issues remain unresolved.

Does the freedom provide effective protection?

The freedom is to choose a lawyer in connection with “proceedings”. Most insureds would no doubt anticipate that

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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