England and Wales Case Law

AB, Re

Enable & Thrive Ltd, as a Category 3 trust corporation, is suitable for appointment as property and affairs deputy provided it gives specified undertakings, including disclosure of solicitor-directors regulated by the SRA, compliance with Public Guardian standards, notification of changes, and maintenance of appropriate insurance. The absence of external regulatory oversight does not render it unsuitable so long as there is regulated involvement at director level and the undertakings are observed.

Source excerpt

• Appointment of trust corporations as deputies
• Regulatory oversight of trust corporations
• Professional indemnity insurance
• Deputyship suitability
• Undertakings for deputyship

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AB, In the Matter Of

AB, In the Matter Of [2026] EWCOP 11 (T2) (05 February 2026)

The Court of Protection held that a Category 3 trust corporation could be appointed deputy despite no external regulation, if revised undertakings and insurance safeguards were provided.

• Appointment of trust corporation as deputy
• Regulatory oversight of deputies
• Category 3 trust corporations
• Professional indemnity insurance
• Deputyship undertakings
• Court-of-protection

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Managed Legal Solutions Limited v Darren Hanison

The High Court granted HDI Global Specialty SE’s application to be joined as a second defendant so it could address a disputed tort duty issue after the insured was debarred.

• Joinder of parties
• Conflict of interest
• Third parties (rights against insurers) act
• Professional indemnity insurance
• Limitation periods
• Joinder-of-parties

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Managed Legal Solutions Ltd v Hanison (t/a Fortitude Law)

Managed Legal Solutions Ltd v Hanison (t/a Fortitude Law) [2025] EWHC 2645 (Comm) (16 October 2025)

The High Court granted HDI Global Specialty SE’s application to join as a second defendant so it could be heard on a disputed duty-of-care issue after the insured was debarred.

• Joinder of parties
• Third parties (rights against insurers) act 2010
• Professional indemnity insurance
• Conflict of interest
• Debarring orders
• Joinder-of-parties

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Omair Ahmed & Ors v White & Company (UK) Limited & Anor

High Court insurance coverage judgment on notification, aggregation, and a tax mitigation endorsement in a professional indemnity dispute involving White & Co.

• Notification of circumstances
• Professional indemnity insurance
• Aggregation of claims
• Tax mitigation schemes
• Construction of insurance policy terms
• Professional-indemnity-insurance

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Dilip Desai & Anor v Paul David Wood & Anor

The Court of Appeal held that insurance proceeds paid to an insolvent design company were not held on trust for the claimants and belonged to the company beneficially.

• Implied terms
• Constructive trust
• Professional indemnity insurance
• Liquidation
• Third party rights
• Unjust enrichment

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Desai & Anor v Wood & Anor

Desai & Anor v Wood & Anor [2025] EWCA Civ 906 (15 July 2025)

The Court of Appeal held that insurance proceeds paid to an insolvent company belonged beneficially to the company, not to the claimants.

• Professional indemnity insurance
• Implied terms
• Constructive trust
• Third party rights against insurers
• Liquidation and distribution of assets
• Professional-indemnity-insurance

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AmTrust Specialty Ltd v Endurance Worldwide Insurance Ltd (t/a Sompo International)

AmTrust Specialty Ltd v Endurance Worldwide Insurance Ltd (t/a Sompo International) [2025] EWCA Civ 755 (19 June 2025)

The Court of Appeal allowed an appeal against refusal of disclosure, holding that pre-contractual correspondence may be relevant to construing professional indemnity policies and their exclusions.

• Disclosure
• Interpretation of insurance contracts
• Professional indemnity insurance
• Third parties (rights against insurers) act 2010
• Solicitors regulation authority minimum terms
• Civil-procedure-disclosure

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AmTrust Speciality Limited v Endurance Worldwide Insurance Limited

The Court of Appeal allowed an appeal against refusal of disclosure in insurance litigation, holding that pre-contractual documents might matter to construction and should be disclosed.

• Disclosure
• Interpretation of insurance contracts
• Professional indemnity insurance
• Case management
• Third parties (rights against insurers) act
• Case-management

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Fay of London Ltd v Axis Speciality Europe

Fay of London Ltd v Axis Speciality Europe [2025] EWHC 1334 (Ch) (30 May 2025)

The court considered an application to amend pleadings in a claim under the Third Parties (Rights Against Insurers) Act 2010. Permission was granted only for fraudulent breach of trust.

• Amendment of pleadings
• Limitation of actions
• Fraudulent breach of trust
• Constructive trusts
• Professional indemnity insurance
• Deceit

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