The New Regulation of the Legal Profession – The Legal Services Act 2007

Regulation of the Legal Profession is about to change. These changes will have a significant impact on the lowest in value of the professional negligence claims made against the profession. Those solicitors dealing with complaints against their firms will need to have in mind the time limits for responding to complaints that the Ombudsman will apply. The profession, together with their Qualifying Insurers will learn over time the approach that the Ombudsman will take to complaints. That approach will shape and inform the way that the profession will need to apply in dealing with complaints that could become Ombudsman claims.

The Proposal Form – better not to ask?

A business seeking to obtain insurance in respect of any of its commercial activities or property will expect to complete a Proposal Form. Proposal Forms come in bewildering sizes and formats, varying from the on-line quotation system, where a few standard questions are asked, to a formidable and comprehensive survey of the risk. To assess the risk is the Underwriters’ business, yet are there times when they are better protected if they do not ask specific questions on a Proposal Form?

Arbitration: a refresher course for beginners

To those of us for whom Alternative Dispute Resolution means more often than not mediation or some form of straight forward without prejudice negotiation, the commencement of arbitration under the Arbitration Act 1996 can require a refresher course. Dealing with domestic arbitrations only, this article does not address the issues that international cross border arbitrations would have to address.

Declining cover for "condoning dishonesty"

The Marine Insurance Act 1906 is generally confined to marine insurance. However, the House of Lords has previously held that Sections 17 to 20 of this Act applies to all forms of insurance, including professional indemnity insurance.