Right to choose own solicitor

Insurers have panels of solicitors whom they regularly instruct. While they usually have no objection to using a policyholder’s own solicitor, insurers sometimes prefer to use solicitors from their own selected panel.  

The law, however, makes it clear that insurers cannot prevent their insured from selecting a solicitor of their own choice to represent them. In the case of Brown Quinn & Another v Equity Syndicate Management Limited & Another 2012, the Court of Appeal confirmed that policy terms must not interfere with the insured’s right to select the solicitor of their choice. Regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990 also confirms a policyholder’s right to choose their own solicitor to act for them.

We are routinely instructed by insurers in place of existing panel solicitors and are recognised by insurance companies as a specialist in the field of health, safety and regulatory law. Where there is an insurance policy that covers the legal work required, we are well used to working within the parameters of insurers’ terms of business and advising clients of the policy requirements.

Disclaimer: This information is for general information purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. Please contact us for specific advice on your circumstances.