For some time it has been quite clear that legal expense insurers cannot restrict an insured’s right to choose his own solicitor, but that does not mean that the solicitor can necessarily charge his normal hourly rate.
In Brown-Quinn v Equity Syndicate Management the Judge held that whilst a solicitor may not be able to charge his normal hourly rate, the insurer cannot insist that he receives only its panel rate.
On the conclusion of the case, the hourly rate payable by the insurer will be assessed as a reasonable hourly rate having regard to the insurer’s standard panel rates. In particularly complex cases the panel rate becomes less important as a guide and other considerations will apply i.e. the complexity of the case and the need for senior and/or specialist fee earners to be involved.
Felicity Keeler, Senior Paralegal tel 0845 270 2511
Labels: complex, expenses, insurance, Legal, panel rates
# posted by michael @ 09:35