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10 November 2011
Issue: 7489 / Categories: Legal News
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New work for solicitors?

High Court ruling on the powers of insurers to veto a policy holder’s choice of lawyer could open up new avenues for solicitors

A High Court ruling on the powers of insurers to veto a policy holder’s choice of lawyer could open up new avenues for solicitors, says the Association of Costs Lawyers.

In Brown-Quinn & Anor v Equity Syndicate Management Ltd & Anor [2011] EWHC 2661 (Comm), Mr Justice Burton held that before-the-event (BTE) legal expenses insurers cannot stop policy holders instructing non-panel firms because the lawyers’ rates are higher than the prescribed rates set by
the insurer.

The case involved three employment and discrimination claims. The insurers contended that policy holders could instruct non-panel solicitors as long as they did not charge more than their prescribed rates of £125 and £139 per hour. However, the policy holders instructed Webster Dixon, which charged £274 for a partner or associate, £210 for a solicitor and £105 for a trainee.

Iain Stark, chairman of the Association of Costs Lawyers, says the ruling will give solicitors new opportunities to tender for work.

“The judgment doesn’t provide clarity [on what rates will be paid] but it does provide an opportunity,” he says.

At the same time, solicitors who discount the use of BTE because of the rates on offer and instead put clients on conditional fee agreements will have to change their approach and give the BTE option more consideration, he adds.

Issue: 7489 / Categories: Legal News
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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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