header-logo header-logo

22 July 2010
Issue: 7427 / Categories: Legal News
printer mail-detail

Privilege right upheld

Quinn ruling protects privileged information

Solicitors are not obliged to disclose privileged information to insurers in the absence of a claim or waiver, the Court of Appeal has held in an important case on disclosure.

In Quinn Direct Insurance v Law Society [2010] EWCA Civ 805, the appeal judges upheld the High Court’s decision that insurers could not access documents seized from a two-partner law firm during an intervention by the Solicitors Regulation Authority unless the client waived privilege.

The insurer, Quinn, wished to view the documents to assess whether it was obliged to indemnify the second partner of the firm. The Law Society argued the files were subject to legal privilege and could not be disclosed.

Nick Bird, partner at Reynolds Porter Chamberlain LLP, says: “Quinn argued that they were entitled to see the files because insurers of solicitors were part of the regulatory framework of solicitors in England and Wales.

“They also said that they were within a ‘circle of trust’ which entitled them to see confidential material but not to pass it on. The Court of Appeal rejected these arguments, so insurers will have greater difficulty in obtaining material to try and avoid cover in this situation.

“However, the court also said that this may now prevent solicitors from complying with their duties under the policy of insurance to disclose confidential information as part of the renewal and notification process. This may cause conflicts between the solicitor’s obligations under his insurance policy and the duty he has to his client.

“If the judgment is not appealed and remains the law then either some solicitors will have to revise their terms and conditions so that the client waives privilege for the purpose of notifying insurers, or insurance policies will have to be amended to prevent solicitors from being under any duty to disclose this material.”
 

Issue: 7427 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll