Podcast Location:
Download it here [file size: 18.5 MB]
Categories:
Insurance Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this podcast Alison Padfield, a barrister at Devereux Chambers, looks at when a conflict of interest might arise between an insured and an insurer. It examines why a solicitor would accept instructions to act for both parties and looks at the nature of the relationship. This podcast discusses how a solicitor can deal with conflict between the parties and when the Professional Code of Conduct will restrict acting for both parties. In addition to looking at the case law defining this area, consequences of breach are also explored. Finally, this podcast looks at the influence of the EU and developments on the horizon in this area of law.

Outcomes:
After completing the course you will:
  • Identify when a conflict of interest may arise between insured and insurer;
  • Understand the reasons a solicitor would act for both parties;
  • Appreciate the nature of the relationship between the parties;
  • Be aware of how to approach situations of conflict;
  • Know the consequences for breach of a solicitor's obligations;
  • Understand the impact of European legislation on this field;
  • Recognise the key areas for development in this area of law.
Level:
Complex Difficulty: 4 of 5
Classification:
Legal Principles
Procedural
Sources and References:
  • Brown v Guardian Royal Exchange [1994] 2 Lloyd’s Rep 325, CA;
  • Erhard Eschig v UNIQA Sachversicherung AG (C-199/08);
  • TSB Bank plc v Robert Irving & Burns [1999] Lloyd’s Rep IR 528, CA;
  • EU Directive 87/344/EEC;
  • Solicitors’ Code of Conduct 2007.
Tags:

This podcast looks at the complex area of how to handle a conflict between an insured and an insurer where a solicitor is instructed on a joint retainer for both parties.

Podcast last reviewed: 2012-07-30

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