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12 January 2024 / Frank Maher
Issue: 8054 / Categories: Opinion , Profession , Insurance / reinsurance
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Mind (the SRA) insurance gaps

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A resolution worth keeping…spotting gaps in your firm’s insurance policy. Frank Maher sets out where you might slip up

It is often said that solicitors in England & Wales have the widest cover of any profession in the world due to the breadth of the Solicitors Regulation Authority (SRA) Minimum Terms and Conditions (MTC), so how do firms sometimes find themselves facing claims for which they are not covered? Below are some examples from cases where the writer has acted for firms, most with happy outcomes.

Policy limit

Claims over the policy limit are surprisingly rare in practice, but insurers and brokers are generally reporting increasing numbers. The compulsory cover is £3m per claim for LLPs, limited companies and ABSs, £2m for sole practitioners and partnerships. Many firms have additional cover, but it will not be as comprehensive. The policy limit includes claimants’ costs; costs inflation, partly due to onerous disclosure obligations, is fuelling the problem. Perhaps the most common policy limit problem in practice is aggregation (see below).

Claim

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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