The recent case of Quinn v The Law Society [2009] EWHC 2588 (Ch), in which Nicholas Davidson QC of Chambers appeared for Quinn, has aroused considerable interest among the Qualifying Insurers of solicitors. In his judgment Peter Smith J suggested that Qualifying Insurers cannot review privileged and confidential material held by their insured until an actual claim has been made against them; he suggests a circumstance is insufficient. The decision has ramifications both for the handling of potential claims and also for underwriting decisions. An application for permission to appeal has been lodged by Quinn, but at present the case is one all Qualifying Insurers and practitioners in lawyers’ negligence cases should be aware of.

Miles Harris has written on the meaning and effect of Quinn in an article published in the Journal of Professional Negligence – please click here to download it. He has also given seminars to a number of firms of solicitors to discuss the practical effects of the decision and ways in which to address it.

If you require further information, please contact Lizzy Wiseman or Miles Harris.