Grants in respect of uninsured defaulting practitioners

Version 9 of the Handbook was published on 1 April 2014. For more information, please click "History" above.

Rule 5: Grants in respect of uninsured defaulting practitioners

5.1

A grant may be made to provide compensation for loss suffered as a result of the civil liability of a defaulting practitioner or a defaulting practitioner's employee or manager who in accordance with the SRA Indemnity Insurance Rules should have had, but did not have, in place a policy of qualifying insurance against which a claim could be made in respect of such civil liability.

5.2

Where an application for a grant is made under rule 5.1 a grant will only be made in circumstances where:

(a)

the defaulting practitioner should have had, but did not have, in place a policy of qualifying insurance against which a claim could be made in respect of the civil liability of the defaulting practitioner or the defaulting practitioner's employee or manager;

(b)

the liability of the defaulting practitioner or the defaulting practitioner's employee or manager arises from private legal practice in connection with the defaulting practitioner's practice; and

(c)

the loss is not covered by the SIF.

5.3

Any grant made under this rule 5 will be made in accordance with these rules and otherwise will be assessed and determined in accordance with the terms, conditions and exclusions of the MTC as though the defaulting practitioner had a policy of qualifying insurance against which a claim in respect of the loss had been made.

5.4

Rules 4, 6, 7, 8.1, 9, 10.3, 14, 15.3 and 20 shall not apply to any grant made under this rule 5.