Thursday, 18 October 2012

Can I chose my own lawyer under legal expense insurance?

As most of you know one of the staple ways which many employment cases are funded are via home contents insurance policies. Under most of these there is a clause which allows you to be funded right from the start to the end of your employment case, subject to a financial limit and subject to an employment lawyer assessing your claim (usually at over 55%).

There are certain elephant traps along the way:

Firstly look out for who assesses your merits, what are their credentials?

Secondly, don't be fobbed off easily if you disagree get another opinion from a Barrister

Thirdly, some policies suggest that you cannot chose your own lawyer. This is plainly wrong if the Financial Ombudsman is to be believed.

You can chose your own employment lawyer in 3 sets of circumstance:

1) It says so under your policy

2) Their is a conflict of interest

3) If you have started proceedings i.e if you chosen lawyer has submitted your ET1.

Please see :

The Ombudsman's site 

and on that site :

'(regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990 [SI 1159]) allows policyholders to choose their own solicitors.'

'These regulations are wide enough to include legal proceedings pursued and defended in tribunals – for example, employment tribunals – as well as proceedings in courts. '

1 comment:

Unknown said...

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