Clients with Legal Expenses Insurance

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I have often been asked about what can be done where a client has BTE legal expenses insurance and the insurers insist on using their panel solicitors. In the past insurers have insisted that freedom of choice of solicitor does not arise until proceedings are issued and the financial services ombudsman has agreed with that interpretation of the relevant regulations.

That situation may be about to change following a case named Eschig where the ECJ reviewed an insured's right to freedom of choice of a lawyer. The case has led to the FSA writing to legal expenses insurers indicating that freedom of choice arises before the commencement of any inquiry or proceedings.

If you would like to discuss this further, please don't hesitate to contact me.

Andrew

A Neat Legal Services
Law Costs Draftsmen and Costs Consultants.