Professional Indemnity FAQ

Barristers & Professional Indemnity Claims

Barristers are not always immune to claims for professional negligence

In the matter Amos v Wiltshire [2010] QDC 138 delivered a few months ago, the issues were whether a barrister’s retainer required him to advise client regarding his prospects of success, Whether a barrister advised client that his prospects of success were good or poor and whether the barrister’s immunity applied

Have a read of this case as the court considered the issue of a barrister’s duty of care. They stated that it “is to exercise reasonable care and skill in the provision of professional advice”, and in this particular case concluded that the defendant’s conduct fell short of what may reasonably be expected of practitioners.

The court further considered Barristers Rules in respect of pleading allegations of fraud and found that both had been breached. The court held that the Barrister was guilty of negligence and had breached the retainer between the plaintiff and the defendant. The court considered the issue of barrister’s immunity and noted that ordinarily barristers are immune from suit in relation to work which is intimately connected with the conduct of a case in court. However, the court found that the immunity did not apply in this case as the preparation of the claim and statement of claim by the defendant was not something intimately connected with the conduct of the case in court.

Judgment was given to the plaintiff against the defendant (Barrister) for $114,302.17

So yes, while their premiums are relatively cheap, they still carry Professional Risks.

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Three Years running - Insurance Brokerage of the Year 1 to 5 staff

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While this year has not been the easiest of years for the business with Covid 19, the Recession, the hard market and issues at Lloyds of London, we are literally all in this together as an Insurance Industry.

CPR Insurance Services continues to make our clients the number one focus of our business while managing our relationships with Insurers, who we need more than ever in this market climate.

CPR Insurance Services are a highly ethical Brokerage with a reputation as a trusted advisor who always acts in the Client's best interests. Their experience, knowledge and expertise is amongst the highest in the industry.

CPR Insurance Services is now ten years old as a business and is proud of being an Authorised Representative of Ausure and their partnership with Steadfast, giving CPR the strength and backing to match it with any Broking firm in the Insurance Industry, but remain focussed on supporting the Small to Medium business segment.

Memberships of the National Insurance Brokers Association, Australia and New Zealand Institute of Insurance and Finance, Australian Insurance Law Association, Australian Professional Indemnity Group and the Australian Institute of Company Directors, ensures CPR Insurance Services maintains the high standard of knowledge and expertise required to be one of the best Brokerages in Australia.

CPR Insurance Services also plays a strong role in their local community supporting other Sporting Clubs and Community organisations. They also support and promote local businesses with their operation of the Kedron Brook Business Group who meet regularly and has 174 members.

We are truly honoured to receive this National award once again for the third year as a recognition of CPR Insurance Services contribution.

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