Acting for the Law Society, in its representative capacity, together with the SRA, on behalf of the solicitors' compensation fund, in their intervention into proceedings. The case concerned the capping of insurance cover by professional indemnity insurers (PII) by the aggregation of multiple claims against a solicitors' firm and a subsequent challenge by the claimant to an insurer's interpretation of an aggregation clause applicable to PII cover.
The case was described in the legal press as a "landmark indemnity case". As an intervening party in the proceedings, the Society's role was to assist the court to enable it to resolve all the matters in dispute in the proceedings and to provide clarification as to the interpretation and application of the relevant aggregation clause contained within the minimum terms and conditions applicable to the solicitors' PII cover.
As a result of Willmett's insolvency, we also undertook a substantial and complex disclosure exercise of the firm's documents for relevance and to ensure that client privilege was protected. The claim settled.