Note - Legal Expenses Insurance Cases

Listed below are some recent cases relevant to the right of a policyholder to choose a lawyer. 

Brown-Quinn v Equity Syndicate [2012] EWCA Civ 1633An insurer can limit the rate which it is prepared to pay to a lawyer of the policyholder's choice, but cannot prevent the policyholder using that lawyer if the policyholder is willing to make up the difference
Stark v Das [2011] EUECJ C-293/10An insurer can limit the rate which it is prepared to pay to a lawyer of the policyholder's choice so long as the rate is not so low that the policyholder no longer has a reasonable choice of lawyer. 
Pine v Das [2011] EWHC 658 (QB)A policyholder is entitled to choose as their lawyer a direct access barrister rather than a solicitor 

The above brief notes about what each case decided are only an overview and in order to be reasonably concise I have had to leave some details out - details which are likely to affect what the law would say about your own situation. Also any precedent set by the decision of a court is liable to be changed by the subsequent ruling of a higher court in a subsequent case. So please do not rely on the above.        


This page was lasted updated in March 2016.  Disclaimer