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ARTICLE · 12 AUGUST 2003

The Case For The Defence –Theory And Practice

United KingdomLitigation, Mediation & Arbitration

Article by Andrew Horrocks and Jo Whyld

In February this year the Law Society issued new guidance on claims handling for solicitors faced with claims. Andrew Horrocks and Jo Whyld look at its professional conduct implications, and some related practical claims handling issues.

The stated purpose of the February 2003 Law Society Guidance on Claims Handling is to reinterpret the relevant solicitors’ conduct rules, particularly following the professional negligence pre-action protocol and the shift to open market insurance. That said, the guidance does not so much reinterpret the rules as draw together the existing and generally well established best practice from the conduct rules and Solicitors Indemnity Insurance Rules in the context of the new regime.

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