Terms of cover
The insurance cover provided by Bar Mutual is set out in the Terms of Cover (reference should also be made to the Rules). The Terms of Cover are reviewed frequently to ensure that they continue to meet the needs of Bar Mutual’s Members.
Who is covered?
As well as insuring self-employed barristers, entities, Registered European Lawyers and Foreign Lawyers, Bar Mutual’s Terms of Cover extends cover to clerks and pupils.
What is covered?
Bar Mutual provides cover for:
- Professional negligence claims
- Complaints of inadequate professional services to the Legal Ombudsman
- Complaints of professional misconduct
- Claims by solicitors for lost fees under CFAs
- Other civil liabilities arising from a self-employed barrister’s practice
- Applications for wasted costs orders
All cover is subject to the full terms and conditions set out in the Terms of Cover.
A self-employed barrister’s practice means:
- Supplying Legal Services as a self-employed barrister
- Supplying Legal Services as a Foreign Lawyer or European Lawyer (when specified in the Cover Note)
- Acting as an Arbitrator
- Acting as a Mediator
- Acting as a Legal Secretary
- Acting as an Ad Hoc Judge
- Employment and voluntary work at the Bar Pro Bono Unit, a law centre or legal advice centre
- Acting as an honorary legal adviser to a charity or Voluntary Association
- Membership of any disciplinary tribunal or investigation committee
- Acting as an expert on matters of English law, EU law, public international law, the law relating to international arbitration or transnational law anywhere in the world
Legal Services means:
Legal advice representation and drafting or settling any statement of case witness statement affidavit or other legal document, but does not include:
- Lecturing in or teaching law
- Writing or editing law books, articles or reports
- Examining free of charge newspapers, periodicals, books, scripts and other publications for libel, breach of copyright and contempt of court
- Communicating to or in the press or any other media
- Exercising the powers of a commissioner for oaths
- Giving advice on legal matters free to a friend
- In relation to a barrister or Registered European Lawyer who is a director of a company or a trustee or a governor of a charitable benevolent or philanthropic institution or a trustee of any private trust, giving to the other directors trustees or governors the benefit of his learning and experience on matters of general legal principle applicable to the affairs of the company institution or trust
Jurisdictional ambit of cover
Provided the Terms of Cover are engaged, Bar Mutual provides cover for claims brought anywhere in the world.
Claims and complaints are not considered to be mutual risks. Reference should be made to Bar Mutual’s Terms of Cover for the full list of exclusion, but they include the following:
- Causing death or bodily injury
- Property damage
- Fraudulent or malicious acts or omissions
- Breach of duty as an employer to an employee
- Intra-chambers disputes
- Partnership liabilities