A leading City of London law firm

Elborne Mitchell - Solicitors

Professional Indemnity

Our Professional Indemnity Group has the rare distinction of involvement in one of the largest ever professional negligence actions in the history of civil litigation concerning the duties of Managing Agents and Members' Agents at Lloyds.

Our expertise is wide ranging and we are well known for handling the high value more complex issues that arise from Professional Indemnity claims. These regularly involve analysing issues of causation, limitation, and contributory negligence within the applicable regulatory environment as well as fraud.

Our key practice areas cover the following professional sectors:

Insurance

  • Managing and Members' Agents
  • Brokers and Intermediaries
  • Agents
  • Compliance with the standards set by:
    • The Financial Services Authority (FSA)

Legal

  • Solicitors
  • Barristers
  • Compliance with the standards set by:
    • The Solicitors Regulation Authority (SRA)
    • The Bar Standards Board (BSB)

Property

  • "Valuers"
  • Quantity Surveyors
  • Architects
  • Compliance with the standards set by:
    • The Royal Institute of Chartered Surveyors (RICS)
    • The Architects Registration Board (ARB)

Financial

  • Auditors
  • Accountants
  • Lending Institutions
  • Compliance with the standards set by:
    • The FSA
    • The Institute of Chartered Accountants (ICAW)
    • The Association of Chartered Certified Accountants (ACCA)
    • The Banking Codes

Medical

  • Doctors
  • Dentists
  • Compliance with the standards set by:
    • The General Medical Council (GMC)
    • The General Dental Council (GDC)

Marine

  • Classification Societies
  • Marine Surveyors
  • Marine Architects
  • Ship Builders

Focus on professional advice becomes more acute during a recession. Our depth of knowledge, and understanding of recessionary pressures, means that we are able to approach the resolution of claims through Pre-Action Protocols incorporating procedures to achieve early negotiated settlements.

Our success in handling professional indemnity claims is reflected in the significant volume and variety of claims resolved during the course of both the last recession in the early 1990's and again in today's very difficult economic climate.

In certain circumstances we will consider investing our time in a claim through a Conditional Fee Agreement to assist clients with budgetary limitations. We usually will do this where there are very good prospects of success. Clients may consider the purchase of After The Event ("ATE") insurance for protection against adverse cost orders. Third Party Litigation funding may also be of value in some circumstances.

Our Professional Indemnity Group has been involved in numerous complex actions some of which have been reported following appearances in the House of Lords and the Court of Appeal. We produce a regular newsletter called "PI Update" which provides useful analysis of recent cases. Please contact Hope Rhule if you would like to subscribe to this publication.

Principal points of contact for professional indemnity matters are Matthew Clark (Lenders Professional Negligence and Corporate Recovery), Tim Goodger (Professional Negligence and Insolvency) and Rosalind Jones (Head of Insurance Department - Professional Indemnity Defence services for Professionals).