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12 January 2024 / Frank Maher
Issue: 8054 / Categories: Opinion , Profession , Insurance / reinsurance
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Mind (the SRA) insurance gaps

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A resolution worth keeping…spotting gaps in your firm’s insurance policy. Frank Maher sets out where you might slip up

It is often said that solicitors in England & Wales have the widest cover of any profession in the world due to the breadth of the Solicitors Regulation Authority (SRA) Minimum Terms and Conditions (MTC), so how do firms sometimes find themselves facing claims for which they are not covered? Below are some examples from cases where the writer has acted for firms, most with happy outcomes.

Policy limit

Claims over the policy limit are surprisingly rare in practice, but insurers and brokers are generally reporting increasing numbers. The compulsory cover is £3m per claim for LLPs, limited companies and ABSs, £2m for sole practitioners and partnerships. Many firms have additional cover, but it will not be as comprehensive. The policy limit includes claimants’ costs; costs inflation, partly due to onerous disclosure obligations, is fuelling the problem. Perhaps the most common policy limit problem in practice is aggregation (see below).

Claim

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

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Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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