Brown -Quinn & Anor v Equity Syndicate Management Ltd & Anor (Rev 1)

Brown -Quinn & Anor v Equity Syndicate Management Ltd & Anor (Rev 1)

The insured's right to choose their own solicitor under BTE legal expenses insurance cannot be fettered by a requirement to accept only panel or non-panel rates; costs are to be assessed under CPR 48.3 with non-panel rates as a comparator, not a cap. The right to choose a lawyer is not limited to a single choice at the outset, and the insurer's agreement to a transfer of solicitor cannot be unreasonably refused. Policy terms purporting to impose an absolute bar on transfer are in breach of the Regulations and must be construed subject to an implied term of reasonableness.

Parties
First Claimant: Christine Brown-Quinn; Second Claimant / Claimant: Webster Dixon LLP; First Claimant (case 3): Janine Baxter; First Defendant / Defendant: Equity Syndicate Management Ltd; Second Defendant: Motorplus Ltd
Jurisdiction
England and Wales
Judgment Date
21 October 2011
Procedural Posture
Civil (commercial/insurance) / Judgment After Part 8 Test Claims Hearing
Outcome
Declaratory relief granted in favour of the Claimants; policy terms restricting solicitor choice or transfer held unenforceable to the extent inconsistent with the Regulations.
Legal Topics
Legal Expenses Insurance, Freedom to Choose Lawyer, Assessment of Costs, Policy Interpretation, Implied Terms, Conflict of Interest
Insurance Law Civil Procedure Employment Law Contract Law Legal Expenses Insurance Freedom to Choose Lawyer Assessment of Costs Policy Interpretation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Christine Brown-Quinn

First Claimant

Webster Dixon LLP

Second Claimant / Claimant

Janine Baxter

First Claimant (case 3)

Equity Syndicate Management Ltd

First Defendant / Defendant

Motorplus Ltd

Second Defendant

Procedural Posture

Civil (commercial/insurance) / Judgment After Part 8 Test Claims Hearing

Legal Issues

  1. 1 Whether BTE insurance policyholders are entitled to instruct solicitors of their choice and have reasonable fees covered under the policy
  2. 2 Whether the insurer can restrict cover to panel or non-panel rates
  3. 3 Whether the right to choose a lawyer is limited to one choice or includes transfers

Ratio Decidendi

The insured's right to choose their own solicitor under BTE legal expenses insurance cannot be fettered by a requirement to accept only panel or non-panel rates; costs are to be assessed under CPR 48.3 with non-panel rates as a comparator, not a cap. The right to choose a lawyer is not limited to a single choice at the outset, and the insurer's agreement to a transfer of solicitor cannot be unreasonably refused. Policy terms purporting to impose an absolute bar on transfer are in breach of the Regulations and must be construed subject to an implied term of reasonableness.

Court Disposition

Declaratory relief granted in favour of the Claimants; policy terms restricting solicitor choice or transfer held unenforceable to the extent inconsistent with the Regulations.

Orders

  • Declaration that the insured validly chose Webster Dixon LLP as Appointed Representative under the policy.
  • Declaration that the insurer is not entitled to refuse cover solely because the solicitor's rates exceed panel/non-panel rates.