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Updated guidance on legal expenses insurance

7 December 2017

The Financial Ombudsman Service has updated their online technical guidance in relation to legal expenses insurance and freedom of choice.

This document has been updated as a result of lobbying by the Law Society, who have argued for some time that a client should have the freedom to choose their own solicitor prior to the issue of proceedings, as well as afterwards.

The previous stance by the FOS was that freedom of choice was limited to the start of proceedings or in cases of conflict of interest. Their updated position is that freedom of choice is limited to the point where proceedings are imminent or there is a conflict of interest. This means that they now accept preparatory work just before issuing, such as preparing a claim form, should generally be covered.

View the updated version

The Law Society will continue to lobby on this issue.

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