Thursday 20 December 2012

Freedom of Choice of Lawyer under Legal Expenses Insurance

Christine Brown-Quinn and others v Equity Syndicate Management Ltd and another [2012] EWCA Civ 1633

Legal expenses insurers are under an obligation to comply with Council Directive 87/344 EEC and the Insurance Companies (Legal Expenses Insurance) Regulations 1990, which make it entirely clear that the insured’s freedom to have the lawyer of his choice is to be expressly stated in the contract made with the insured.

Friday 7 December 2012

The Powers of an SCCO Costs Officer

This is a point that is often overlooked by paying parties.

In my experience, and in general terms, Costs Officers in the SCCO have shown considerable expertise in their field over the years, save for the occasional suspect choice of footballing allegiance. Unlike most District Judges and even Regional Costs Judges they deal with absolutely nothing but costs. They deal with us costs draftsmen all day......every day. And they do that by deliberate choice. Crikey! Hats off to them!

But.... they do not enjoy the same range of powers on assessment as either the Masters, Costs Judges or District Judges in the provinces. Their powers are restricted by CPR 47.3 and there are two specific restrictions which are often overlooked -