Claimants having Before the Event Insurance may choose their own solicitor

Brown-Quinn & Anor v Equity Syndicate Managment LTD & Anor [2011] EWHC 2661

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6/11/2011

  • Claimants who wish to reject the suggested panel solicitor and instead hire their own solicitor at a higher solicitors' hourly rate have been given some encouragement by Burton J in Brown-Quinn v Equity Syndicate Management.
  • It is not new that an insured person has freedom of choice regarding his solicitor, but it's qualified in that the normal hourly rate by the firm chosen will not be payable. Rather the insurer may insist that only the approximate panel rate will be paid having regard to the insurer's hourly panel rate.
  • Where cases are particularly complex and requiring specialist helpt the panel rate becomes less relevant and an assessed and reasonable hourly rate may be claimed from the insurers.
  • The cases here were complex employment claims against large institutions. Where such cases requiring great expertise occur normal panel rates are "of less weight" in the assessment of a reasonable hourly rate.
Transcript of the judgement:-   Brown-Quinn & Anor v Equity Syndicate Managment LTD & Anor [2011] EWHC 2661
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2011
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