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The PII countdown begins (Pt 3)

23 July 2015 / Frank Maher
Issue: 7662 / Categories: Features , Insurance surgery , Profession , Insurance / reinsurance
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Professional indemnity insurance: Frank Maher issues a call to action

This is the third of three articles on professional indemnity insurance (PII). We look at the SRA’s proposals for reform of the compulsory cover required by the SRA minimum terms and conditions (MTC) announced earlier this month. Their discussion paper, “Protecting client’s financial interests”, proposes sweeping reform and massive reductions in the protection provided to clients—and solicitors and their staff.

The agenda for change is driven by the SRA, but is there a risk of throwing away (not even selling) the family silver?

As noted in the last article, we have the most comprehensive cover of any profession in the world (see Pt 2, NLJ, 17 July, p 21). This can come at a price. We have seen some years when firms, particularly the smaller ones and those with a significant conveyancing practice, have had difficulty obtaining cover. This was largely a product of the exposure to lender claims which followed the global financial crisis.

The result was

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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