Claims or circumstances which may subsequently give rise to a claim should be notified as soon as possible.  By way of example, you should make a notification in the following circumstances:

  • You received a letter of claim from a former lay client or instructing solicitor
  • You receive a letter of complaint from a former lay client which makes allegations of negligence and/or which seeks compensation (as opposed to a reduction in fees)
  • You receive a letter from an instructing solicitor asking for comments on a letter of claim that has been sent to them by a lay client for whom you and your instructing solicitor act or acted
  • You receive a letter from your instructing solicitor asking you for a witness statement in proceedings to which they are a party
  • You receive a letter from the Bar Standards Board asking for your comments on a complaint that has been made by your lay client, instructing solicitor, a third party or the Bar Standards Board of its own motion
  • You receive a letter from the Bar Standards Board indicating that you are to face charges of Inadequate Professional Service or Professional Misconduct
  • You receive a claim form and/or particulars of claim
  • You receive a show cause order
  • You receive a wasted costs application by the court or a third party
  • You become aware that you may have given negligent advice or pleaded a case incorrectly