header-logo header-logo

21 April 2021
Issue: 7929 / Categories: Legal News , Profession , Insurance / reinsurance , Legal services
printer mail-detail

New claims risks for shuttered firms

Closure of old mutual fund leaves retired solicitors exposed

Former owners of law firms that shut in the past two decades could be exposed to huge bills for new claims when the old mutual Solicitors Indemnity Fund (SIF) closes later this year.

SIF ends on 30 September, 20 years after solicitors voted to move from a mutual system of professional indemnity insurance (PII) to a market-based model. Since then, SIF has provided supplementary run-off cover for firms that have closed, protecting clients, partners and staff once their mandatory six-year run-off period comes to an end.

The old mutual fund has already been given two reprieves―it was originally due to close to new claims in 2017 and then 2020, but was kept open following Law Society lobbying on behalf of its members.

Once it closes, any new claims against a firm that ceased trading without a successor practice will be uninsured if the six-year run-off cover has expired and the former principals haven’t made alternative arrangements. This means the former partner would be personally liable.

‘Make no mistake, there is a significant risk of claims arising more than six years after firms cease operations, with data suggesting over 10% of claims are made outside the SRA’s mandatory run-off period,’ Law Society president I Stephanie Boyce said.

‘If you practised in areas such as conveyancing, wills and trusts, child personal injury settlements or matrimonial property, claims can occur decades after work was completed. You may want to contact your broker to see if they can arrange replacement cover. This would not have to be on the Solicitors Regulation Authority’s minimum terms, and less comprehensive cover may meet your needs.’

However, she warned many firms would struggle to find appropriate cover on the open market, especially where there were ‘factors such as poor claims histories’ and ‘having worked in areas with higher risk of late-arising claims’. Boyce said the Law Society was searching for workable alternatives but, as the representative body, had no powers regarding indemnification; therefore, members and former members should prepare for the possibility that no broad solution can be found.

Email SIF@lawsocietySIF@lawsociety.org.uk.org.uk to keep informed of any updates.

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll