Despite opposition by the insurance industry, the High Court has confirmed that if you have legal expenses insurance you should be able to choose your own Solicitor. The Legal Expense Insurance Regulations 1990 say:

“where under a legal expense insurance contract recourse was had to a Solicitor . . . to defend, represent or serve the interests of the insured in any inquiry or proceedings, the insured should be free to choose that lawyer.”

UK insurers have interpreted the 1990 regulations to mean that the right to choose a lawyer does not arise until proceedings are actually issued.  This interpretation is clearly against the intended spirit of the regulations and also against the clear advice of the Financial Ombudsman Service and now upheld by the High Court in the case of Brown, Quinn and Another –v- Equity Syndicate Management.  This is an important decision confirming the right for an individual to choose a Solicitor who is not on an insurance company panel.  Therefore if you have a claim under Legal Expense Insurance you do not have to go to a Solicitor on that insurance company panel.