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22 July 2010
Issue: 7427 / Categories: Legal News
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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
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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

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Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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