BROWN-QUINN V EQUITY SYNDICATE MANAGEMENT LTD

[2011] EWHC 2661 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Burton, 21 October 2011

Insurance (legal expenses, before the event cover) - Insurers appointing panel solicitors at fixed rates - Whether assured required to use panel solicitors - Whether assured permitted to use other solicitors at higher rates - Effect of policy term bringing cover to an end on change of solicitors - Legal Expenses Directive, Council Directive 87/344/EEC - Insurance Companies (Legal Expenses Insurance) Regulations 1990

The assureds each wished to bring proceedings, and sought cover under their before the event legal expenses policies. The insurers maintained their own panel of solicitors, but the assureds wished to use another firm whose rates were over twice as high as those of the panel solicitors. Burton J held that the effect of the Legal Expenses Directive, Council Directive 87/344/EEC, as implemented in the UK by the Insurance Companies (Legal Expenses Insurance) Regulations 1990, was as follows.