header-logo header-logo

21 July 2017
Issue: 7755 / Categories: Legal News , Regulatory , Profession
printer mail-detail

SRA ditches six year run-off

Firms seeking to switch regulator should exercise caution before ditching their six-year run-off cover, a prominent insurance specialist solicitor has advised.

The Solicitors Regulation Authority (SRA) has decided to relax a rule requiring firms to have six years’ professional indemnity insurance cover in place if they change their regulator. Instead, the firm’s new regulator will be solely responsible for ensuring adequate insurance is in place for any future claims.

The SRA is currently working with approved regulators to agree a protocol that sets this out. The approval of the Legal Services Board is still required for the plan to take effect. The SRA has said it hopes to have this by 1 October.

Crispin Passmore, SRA executive director, policy, said: ‘There was overall support for our proposals to remove the obligation for run-off cover if a firm switches regulator.’

However, Frank Maher, partner at Legal Risk solicitors, urged firms ‘to consider carefully before they take advantage of the proposals, because other regulators’ compulsory cover is not as comprehensive as the SRA’s Minimum Terms and Conditions.

‘So, for example, if a firm moves to the Council of Licensed Conveyancers and then hits on hard times and closes in the future, it will no longer have the SRA’s automatic six years’ run-off cover of £2m or £3m per claim plus defence costs, but a single, defence costs-inclusive limit of £2m’.

Maher said: ‘This is by no means academic, as my firm is currently advising partners in firms which have closed who face substantial property-related claims, and there are ex-partners who are having problems replacing run-off cover following the disclaimer of enterprise policies. So, I am not saying “don’t do it”, but they do need to understand the risks fully before making a move from which there may be no turning back.’

Issue: 7755 / Categories: Legal News , Regulatory , Profession
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll