Professional indemnity
Master Policy FAQs
Solicitors in Scotland have an excellent reputation and the vast
majority of clients are happy with the services they
provide. If you feel that your solicitor or a member of their
staff may have been negligent in the way they have handled your
case, then you may have a claim against them. The Master
Policy, as with every other insurance scheme, is not a no-fault
compensation scheme. It covers Scottish solicitors in Scottish
firms.
Do I have a case?
Before considering making a claim, you should ensure that you
have a case. It is not enough just to be dissatisfied with the
outcome of a particular transaction, court case, etc. To establish
that your solicitor was negligent and that you have a valid claim,
the law requires you to be able to show:
(a) that your solicitor owed you a duty of care
(b) in what way your solicitor breached that duty of care,
and
(c) the precise loss to you resulting from that breach of care
How do I make a claim?
Making a claim and proving negligence can be complicated and you
may need to ask a solicitor for assistance. Many claims are
resolved by negotiation. Where negotiations fail, you may need to
raise court proceedings, in which case the court will decide the
outcome of your claim. There are time limits that apply to
claims for negligence. After the expiry of those time limits, you
may be unable to make a claim.
What is the Pursuers' Panel?
The Pursuers' Panel is a group of solicitors who have expertise
in professional negligence to assist members of the public with
advice about negligence claims against solicitors. Follow the link
for more information about the
Pursuers' Panel.
What is professional indemnity insurance?
Scottish solicitors working in private practice have
professional indemnity insurance cover for claims against them.
This insurance means that, if you establish a valid claim for
negligence against a solicitor, that claim will be paid - even if
the solicitor is no longer in practice, no longer solvent or cannot
be traced.
What is the Master Policy?
The Master Policy is the compulsory professional indemnity
insurance arrangement which covers all Scottish solicitors working
in private practice. The Society arranges the Master Policy. Claims
are handled by the Master Policy insurers. The insurance provides
cover of up to £2 million for any one claim.
How does the Master Policy work?
In a summary, if you make a claim against your solicitor, your
solicitor is entitled to make a claim for indemnity from the Master
Policy insurers. Provided it is established that you have a valid
claim, the Master Policy insurers will meet the solicitor's
liability to you to meet your claim.
Not every claim will involve the insurers. Whether or not the
Master Policy insurers become involved, you still have to establish
that your solicitor was negligent.
Depending on the circumstances, you may find that the Master Policy
insurers (or solicitors instructed by them) become involved in
responding to your claim. Where that happens, you will be sent a
copy of the Master Policy claims handling philosophy, which is a
statement of how the insurers seek to resolve claims.
Further information on the Master Policy may be obtained by
emailing David Cullen at the Society.