Q&As

Legal expenses insurance policy—can a party choose their own lawyer?

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Published on LexisPSL on 04/02/2014

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Legal expenses insurance policy—can a party choose their own lawyer?

Legal expenses insurance policy—can a party choose their own lawyer?

Legal expenses policies are governed by The Insurance Companies (Legal Expenses Insurance) Regulations 1990. These regulations address the freedom to choose a lawyer at reg 6:

Freedom to choose lawyer

6

(1)    Where under a legal expenses insurance contract recourse is had to a lawyer (or other person having such qualifications as may be necessary) to defend, represent or serve the interests of the insured in any inquiry or proceedings, the insured shall be free to choose that lawyer (or other person).

(2)    The insured shall also be free to choose a lawyer (or other person having such qualifications as may be necessary) to serve his interests whenever a conflict of interests arises.

(3)    The above rights shall be expressly recognised in the policy.

The insured’s freedom to choose a lawyer can therefore not be inhibited by legal expenses insurance providers. This was confirmed by the CJEU last year in Sneller. For an analysis of

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