Choice of lawyer

The question in Pine v DAS Legal Expenses Insurance Co Ltd [2011] EWHC 658 (QB) was whether the assured, under a legal expenses policy, was entitled to exercise her right to choose a lawyer by instructing a barrister directly rather than proceeding through solicitors. The outcome, in favour of the assured, turned upon the proper construction of the policy, and there was no need for the court to deal with difficult issues as to the meaning of the EU legislation and the UK implementing legislation on the freedom of a policyholder to choose her own lawyer.

Pine: the facts

The claimant, Miss Pine, brought an action in an employment tribunal against Cinven Ltd, her previous employers. In those proceedings she was represented by solicitors, RLLP. The claim was lost and RLLP sought to recover substantial sums from Miss Pine by way of legal fees. Miss Pine counterclaimed, asserting that RLLP and two members of the bar had conducted the claim negligently.