header-logo header-logo

SRA ditches six year run-off

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

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll