header-logo header-logo

23 May 2014 / David Niven , David O'Brien
Issue: 7607 / Categories: Features , Profession
printer mail-detail

Stumbling blocks

web_niven

David Niven & David O’Brien consider the obstacles ahead for PII claimants

Professional negligence claims are an unfortunate fact of professional life: unfortunate for the professional and client alike. Professional indemnity (PI) insurance exists, in theory at least, to protect those unfortunate clients and to ensure that they recover the losses which they have suffered as a result of negligent advice or service. In practice, many claimants find themselves fighting a second and/or simultaneous battle with the PI insurers. This article focuses on professional negligence claims against solicitors.

Fully covered?

The first stumbling block for a claimant is that neither the defendants nor their insurers are required to confirm that the claim will be covered by the PI policy, nor to disclose the terms of indemnity under the policy, until the defendant solicitors have gone into insolvent liquidation. At that point, and having proven their claim, claimants can pursue the insurers directly under the Third Party (Rights Against Insurers) Act 1930.

There is therefore a very real risk that a claimant

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll