Solicitors

Back to Professional Negligence

We have a strong and growing practice and our team is a recognised leader in solicitors’ professional indemnity work. We have a particularly strong reputation for handling complex and heavyweight matters.

Since the demise of the former Law Society mutual, the Solicitors Indemnity Fund, we have acted for 20 Qualifying Insurers in the defence of claims brought against their solicitor insureds.

Our professional clients include large international law firms and top 10 City law firms.

We have acted for many overseas law firms and their insurers in the defence of claims in jurisdictions as diverse as Hong Kong, the Caribbean, Germany, Italy, Scandinavia, the Channel Islands and Ireland.

Our experience includes:

  • Large corporate and tax related claims, including tri-partite disputes involving ‘Magic Circle’ law firms and ‘Big Four’ firms of accountants.
  • Insolvency and banking related disputes, including a claim for approximately £115 million by Credit Suisse following the insolvency of Parmalat.
  • Large commercial property losses.
  • Residential property disputes related to mortgage lending and fraud.

We are the authors of Solicitors’ Claims: A Practical Guide. The purpose of the Guide is to assist those involved in solicitors’ professional indemnity – whether they are insurers, partners or lawyers in law firms, directors of risk or brokers – by drawing together the legal and practical issues which most commonly arise in these types of claims. The Guide highlights potential problem areas, discusses the legal principles which the courts will apply in determining issues of liability, looks at risk management issues and seeks to give practical guidance as to how potential pitfalls can be avoided in the future.

Dispute resolution: We help our clients avoid litigation and provide expert advice to resolve disputes where possible. Our advice is clear, commercial and conscious of reputational risk. We will vigorously defend unmeritorious claims.

Full Service: As a full-service firm, we work closely with colleagues in areas such as tax and insolvency to provide comprehensive advice focused on achieving the best outcome. 

For more information and detailed credentials, contact the Partner team, details above.

19/05/2023
Ten things every insurer should know
The insurance industry is a major component of the global economy, operating internationally, to protect people and businesses against a wide range of risks. Establishing and operating an insurance business is highly regulated, and the complexity of
23/03/2022
CMS Expert Guide to European class actions
 Class actions have been on the rise in Europe for a number of years, but the rate is ac­cel­er­at­ing. New procedural devices intended to better fa­cil­it­ate col­lect­ive redress continue to be in­tro­duced. Of­ten these mechanisms operate on an opt-in basis,
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12/06/2024
Are Professional Indemnity Claims getting harder and more expensive to...
 Our annual Professional Indemnity Seminar for insurance professionals is taking place on Wednesday 12 June 2024. This year we will be considering whether Professional Indemnity claims are becoming harder and more expensive to defend and, if they are, what steps Insurers and Insureds can take to mitigate against this. There will be a number of short presentations from CMS partners and associates on what we consider are the key factors that are impacting the defence of Professional Indemnity Claims, including:The Court’s approach to case management and pre-action con­duct­Man­age­ment of claims against multiple insured partiesIssues in defending insolvent insuredsEnhanced claimant rights - Building Safety ActDevelopments in the recovery of costsPlease register by clicking the button below, and feel free to forward this invitation to colleagues who may find this of interest.
20/05/2024
The FCA’s anti-gre­en­wash­ing rule and guidance: what are the litigation...
The Financial Conduct Authority (FCA) has recently published its finalised guidance on the anti-gre­en­wash­ing rule, which will come into force on 31 May 2024. The anti-gre­en­wash­ing rule, in the Environmental...
16/05/2024
ESMA releases Final Report on Guidelines for fund names using ESG or sus­tain­ab­il­ity-re­lated...
On 14 May 2024, ESMA released its Final Report setting out its finalised guidelines (the “Final Report Guidelines”) on the use of ESG and sus­tain­ab­il­ity-re­lated terms in investment fund names. Following...
16/05/2024
Built on sand: problems of risk allocation and collaboration in port development...
In­tro­duc­tion The British Ports Association estimated in 2022 that there were £1.7bn of port projects in the pipeline, and investment in port infrastructure topped £1bn in 2021. There is pressure to...
16/05/2024
A broader interpretation of "substance or composition" - good news for...
A recent decision from the EPO Boards of Appeal (T 1252/20) potentially paves the way for more diverse products to be patentable in Europe using the medical use claim format.The back­ground:Art­icle 53(c)...
07/05/2024
Energy and climate change: The most significant climate change litigation...
In Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (application no. 53600/20), the European Court of Human Rights (ECtHR) issued arguably the most impactful and far-reaching ruling on climate...
30/04/2024
Financial Services Webinars On Demand
View recordings of CMS financial services webinars available on demand.Webinars are a convenient way to stay informed and hear from our legal ex­perts. We­binars On Demandmedium
30/04/2024
Court of Appeal rejects the Abbott tests for “convenient disposal” of multiple...
The Court of Appeal has overturned the tests set out in Abbott v Ministry of Defence [2023] EWHC 1475 (KB) [2023] 1 WLR 4002 in relation to determining whether it is suitable for multiple claimants to...
24/04/2024
CMS Banking Disputes Report 2024
Working with litigation analytics company, Solomonic, CMS has published its Banking Disputes Report 2024, a data-driven review of the Banking and Finance sector’s dispute-related activity to identify...
17/04/2024
APP fraud – Quincecare duty claims against banks replaced by new “retrieval...
The recent decision in CCP Graduate School Ltd v National Westminster Bank plc and another [2024] EWHC 581 (KB), demonstrates how Claimants are repositioning claims against banks arising from authorised...
15/04/2024
Fundamentally dishonest claimant’s claim dismissed: s.57 of the Criminal...
In Kirsty Williams- Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), a claimant who had sustained serious injuries following her fall from a pier in 2018 had her claim dismissed because...
10/04/2024
FCA Consultation on Payment Optionality for Investment Research (CP24/7)
On 10 April 2024, the FCA published a consultation on Payment Optionality for Investment Research (CP24/7). In the consultation, the FCA proposes a new option for asset managers when paying for investment...