Hobson’s choice?

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.