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21 July 2017
Issue: 7755 / Categories: Legal News , Regulatory , Profession
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SRA ditches six year run-off

Firms seeking to switch regulator should exercise caution before ditching their six-year run-off cover, a prominent insurance specialist solicitor has advised.

The Solicitors Regulation Authority (SRA) has decided to relax a rule requiring firms to have six years’ professional indemnity insurance cover in place if they change their regulator. Instead, the firm’s new regulator will be solely responsible for ensuring adequate insurance is in place for any future claims.

The SRA is currently working with approved regulators to agree a protocol that sets this out. The approval of the Legal Services Board is still required for the plan to take effect. The SRA has said it hopes to have this by 1 October.

Crispin Passmore, SRA executive director, policy, said: ‘There was overall support for our proposals to remove the obligation for run-off cover if a firm switches regulator.’

However, Frank Maher, partner at Legal Risk solicitors, urged firms ‘to consider carefully before they take advantage of the proposals, because other regulators’ compulsory cover is not as comprehensive as the SRA’s Minimum Terms and Conditions.

‘So, for example, if a firm moves to the Council of Licensed Conveyancers and then hits on hard times and closes in the future, it will no longer have the SRA’s automatic six years’ run-off cover of £2m or £3m per claim plus defence costs, but a single, defence costs-inclusive limit of £2m’.

Maher said: ‘This is by no means academic, as my firm is currently advising partners in firms which have closed who face substantial property-related claims, and there are ex-partners who are having problems replacing run-off cover following the disclaimer of enterprise policies. So, I am not saying “don’t do it”, but they do need to understand the risks fully before making a move from which there may be no turning back.’

Issue: 7755 / Categories: Legal News , Regulatory , Profession
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MOVERS & SHAKERS

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NLJ Career Profile: Stephen Ward, The Barrister Group

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Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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