Barristers
Since the House of Lords 2000 decision in Hall –v- Simons, the public policy that advocates should enjoy immunity from the consequences of negligent conduct of a case in court has been swept away. There remain some occasions, particularly relating to criminal proceedings, where the bringing of a claim against counsel will be considered an abusive collateral attack on the Court’s decision and thus liable to be struck out as an abuse of process. In general however barristers are now fair game and subject to the same rules that govern claims against solicitors.
We have been actively engaged in the defence of claims against junior and leading counsel from all areas of the Bar for almost nine years. We employ a wide range of tactical approaches in order to maintain the greatest degree of confidentiality possible and so minimise reputational damage to the insureds without losing sight of the requirement to achieve an early, commercial resolution of disputes where appropriate.
Related items:
No limit to costs payable by professional indemnity insurers - Insurance update - 8 February 2007
Are innocent insureds still safe? - Insurance update - 11 December 2006
