Source: All England Reporter
Publisher Citation: [2002] All ER (D) 262 (Mar)
Neutral Citation: [2002] EWHC 391 (Admin)
Court: Administrative Court
Judge:

Stanley Burnton J

Representation Satvinder Juss (instructed by Chronnell Hibbert) for claimants.
  Nigel Giffin (instructed by Norton Rose) for the defendant.
Judgment Dates: 18 March 2002

Catchwords

Insurance - Liability insurance - Professional indemnity insurance - Solicitor - Solicitors' indemnity fund - Obligation to contribute - Claimants seeking waiver of obligation - Application for waiver refused by company secretary of fund - Appeal against decision dismissed by appeals sub-committee - Whether claimants having legitimate expectation waiver application would be granted - Whether company secretary disqualified by bias - Whether decision of appeals sub-committee lawful - Solicitors' Indemnity Rules 1997, r 10.

The Case

The claimants' application for judicial review of the decision of the Appeals Sub-Committee of the Law Society by which their applications for waiver of premiums paid in respect of professional liability cover provided by the Solicitors' Indemnity Fund was dismissed. The sub-committee had been free to determine the claimants' case on its individual merits and was one that was open to them. It was not unjust that decisions made in other cases permitting waivers should necessarily be applied to the claimants.

Practice Areas

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