PROFESSIONAL INDEMNITY INSURANCE - THE DUTIES OF SOLICITORS

(TSB Bank plc v Robert Irving and Burns (Colonia Baltica Insurance Third Party))

The decision of the Court of Appeal in TSB Bank plc v Robert Irving and Burns (Colonia Baltica Insurance – Third Party) raises important questions as to the manner in which solicitors should deal with a professional indemnity claim where they are acting both for the assured and for the assured’s liability insurers. The decision was handed down in December 1998, but has only just been made public as it was withheld pending resolution of the substantive claim made by the third party. Insurance Law Monthly is grateful to Jeremy Newman of Williams Davies Meltzer for the transcripts of the judgments of Mr Recorder Moxon Browne QC (22 July 1998) and the Court of Appeal (16 December 1998). The judgments will be reported in the next issue of Lloyd’s Law Reports: Insurance and Reinsurance.