Source: All England Reporter
Publisher Citation: [2014] All ER (D) 180 (Apr)
Neutral Citation: [2014] EWHC 1024 (QB)
Court: Queen's Bench Division

Judge Richard Seymour QC (Sitting as a Judge of the High Court)

Representation Simon Butler (instructed by Attwaters Jameson Hill, Essex) for W.
  Alexander Hutton QC (instructed by Clyde & Co LLP) for M.
  Philip Jones (instructed by Stone Rowe Brewer LLP) for a claimant in the second action.
  S did not appear and was not represented.
Judgment Dates: 8 April 2014


Insurance - Liability insurance - Professional indemnity insurance - Claimant engaging associate for dental practice - Associate being negligent - Claimant dismissing associate and offering clients free remedial work - Clients issuing consolidated proceedings - Claimant seeking indemnity - Whether claimant entitled to indemnity by insurer.

The Case

Insurance Liability insurance. In dismissing both of the claimant's claims for indemnification from the Medical Protection Society Ltd, the Queen's Bench Division held that the claimant's failure to apply for indemnity prior to the commencement of the first claim had been fatal. Further, his decision to send letters to his patients seeking assurances that they would not issue proceedings had justified the dismissal of the claim for indemnity that the claimant had made in relation to the second claim.

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