Professional Indemnity Legal Developments Pushing the Boundaries

Professional Indemnity Legal Developments Pushing the Boundaries

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Course Overview

Solicitors are often the target of professional negligence claims and as a result solicitors' firms must obtain professional indemnity insurance in accordance with the SRA Indemnity Insurance Rules. Rightly or wrongly there is a general feeling within the legal community that competent legal practices get the short end of the straw as a result of a diminishing number of firms with poor risk management.

While the SRA believed that introducing a minimum level of cover would introduce flexibility into the market, assist firms obtain the right level of cover for the work and prevent firms incurring increased costs for themselves and their clients, the Law Society opposed this course of action claiming it would only serve to create a set of sub-class firms unable to afford anything but the minimum cover and who will subsequently be shunned by clients. 

During this course, professional indemnity and professional negligence specialist Peter Causton will consider the difficulties faced when attempting to strike a balance between protection of consumers and the cost of providing protection.

This course will use recent case law examples to examine the changes which have occurred within the area of negligence law, how the boundaries of claims against professionals have been moved and recent developments within this field of practice.

What are the requirements?

  • This course provides 1 CPD point.

Learning Outcomes

  • On completion of this course you will:
  • Be familiar with the background to the SRA’s controversial proposal to introduce a minimum level of compulsory cover and how this has divided the legal community
  • Be aware of discussions regarding the harmonising of PII cover throughout the EU, including what the minimum level would be if introduced, the implications of this decision and the obstacles to implementation
  • Be familiar with case law concerning solicitors involved in professional negligence claims

What is the target audience?

  • Civil practitioners and litigators

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About Instructor - Peter Causton

Peter is an independent commercial and civil mediator. He is an excellent communicator and negotiator, having originally trained as a barrister and then qualified as a solicitor advocate. He has over 20 years experience as a solicitor practising in commercial and insurance litigation, with particular expertise in the field of professional indemnity/negligence law.

Peter has been shortlisted for the Law Society’s In-House Solicitor of the Year Award 2017.

Peter is a member of the Insurance Working Party of the CCBE and is involved in developing EU policy on Insurance law. He has been involved as a member of the Civil Justice Council Costs Committee, reviewing guideline hourly rates for the profession and is knowledgeable about costs assessment and litigation funding.

Peter is co-author of PI Brief’s book on ADR for Personal Injury Lawyers.

Peter is on the editorial board of the Jackson ADR Handbook which is the authoratative guide to ADR used in every Civil Court in England & Wales.  He is also a Board Member and Director/Trustee of the Civil Mediation Council Limited. He is also a member of the Civil Justice Council Costs Committee.

Peter has taken part in numerous mediations and has undertaken mediator training and ODR training.

As a Deputy District Judge, he also knows from his own experience about what happens when parties cannot reach agreement and the Court has to adjudicate.

As a member of the editorial board of the Jackson ADR Handbook and board member of the Civil Mediation Council, Peter is up to date with developments with respect to ADR in the UK and recently presented a seminar for the Law Society on ODR. Peter has conducted telephone and time limited mediations. He has been involved in the Business Dispute Resolution Commitment initiative, similar to the ADR pledge.


Course Curriculum

Recorded Webinars

  • Webinar
    00:59:35

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