ECJ endorses insured’s freedom of choice

Back in 2011, Walker Morris reported on the High Court cases of Brown-Quinn v Equity and Pine v DAS, which recognised the right of a holder of before-the-event legal expenses insurance to choose its own legal adviser, in accordance with Regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990.

The European Court of Justice (ECJ) considered the same point in November 2013 in the Dutch case of Sneller v DAS and ruled that insurers cannot restrict the freedom of choice of insured persons by insisting on their using panel law firms or the insurer’s in-house staff.

In Sneller, the question arose as to the correct interpretation of article 4 (1) of Council Directive 87/344/EEC of 22 June 1987 (which is implemented into the law of England and Wales by Regulation 6)…

If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.

Briefings from Walker Morris

View more briefings from Walker Morris

Analysis from The Lawyer

View more analysis from The Lawyer


Kings Court
12 King Street

Turnover (£m): 42.00
No. of Lawyers: 181