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.

Latest News

CPR Insurance wins Brokerage of the year

CPR Insurance Services picked up the award for the Best Brokerage (1-5 staff) in Australia, last Friday Night (4th May 2018) at the Insurance Business Magazine Awards held at the Westin in Sydney.

Judging came from various parts of the industry. It is a great honour to be recognised for our hard work and particular Business values we follow. A full list of winners is listed here.

Success comes from having great staff, and we thank Aidan Harmer and Julia McLauchlan as important support staff for helping us win such an award.

CPR Insurance has been in operation for more than 7 years now and is only successful because of the wonderful support from our staff, insurers and most importantly, our fantastic clients who put their faith and trust into our company to be their Risk Advisers and Brokers. 

Thank you to all.

read more

Robert Cooper - Elite Broker again

We are pleased to announce that once again Insurance Business Magazine has recognised Robert Cooper amongst the top Elite Insurance Brokers in Australia. See here

It is the fourth time in six years Robert has received this honour.

It is a great recognition for CPR Insurance Services who strive to provide the best possible standard of customer care and service to assist obtaining the best possible cover at the best possible price to meet the needs of for our clients.

Such awards are not possible without the outstanding support provided in the office by Julia, Aidan and Mandy, along with the fantastic support our clients continue to show to us. Thank you to all.

read more