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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Landlords must protect tenants’ deposits and provide tenants with prescribed information, regardless of when the tenancy commenced and when the deposit was received.
In the Yam Seng case, the court was willing to imply a duty of good faith to give business efficacy to a commercial contract. Since that case, the law has been somewhat uncertain.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.