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

Robert Cooper - one of 100 faces of small business

This week it was announced as part of Small Business Week,  that Robert has been named one of the 100 faces of small business for a State Government promotion on the great value that small businesses play in the State of Queensland.

You can see Robert's entry here:

It is the third accolade for CPR Insurance Services in a month and after seven and a half years in business is a real pep up for the company.

For Robert, it is the culmination of many years experience, becoming well qualified, experiencing the highs and lows of a career and always wanting to contribute to his community. Sometimes, these things just come together and you receive recognition for your efforts.

Robert says that there is no doubt that starting your own business is a huge challenge, but with the right research and planning, the right people around you and a good set of values that you apply to the vision of the company, you have a very good chance of making it all succeed.

Robert says he is lucky. He has a strong supportive Wife, Mandy, who is also part of the business, along with efficient and hard working staff such as Julia McLauchlan and Aidan Harmer who are building up their own skills in a learning environment. 

However, the most important and most supportive people for CPR Insurance Services are our clients who have stuck by us and supported us over the past seven years. Our focus remains on providing the best possible service we can and always acting in their best interests. To all our clients, we say thank you!

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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.

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