Page 31 - BOSS Today Issue 21

“The last thing the

organisation and its
management team needs to
face is discussions with its

insurers about the lawyer

to be instructed and
the rates to be paid.”

those prescribed in the insurer’s health, safety and environmental
terms of appointment for non- law and the company might be
panel solicitors. The court held content to be represented by
that a refusal to accept a non- them. In any case, the company
panel firm of solicitors because will need to ask the right
their rates exceeded those questions to obtain assurance
outlined in the insured’s policy that the appointed lawyer is
for the appointment of non- equipped with the tools and
panel lawyers was a breach of experience to offer them the
the 1990 regulations. However, best representation.
it also went on to say that the If this is an area that you
insurer was only required to require advice and support
reimburse legal costs at those with, please contact BOSS, who
rates set out in the policy. have access to an excellent
regulatory lawyer with over
Forewarned Is Forearmed eight years’ experience within
In the event of an inspector’s the Industry.
investigation, the last thing Early engagement with
the organisation and its your broker or insurer to
management team needs either negotiate the terms on
to face is discussions with its which their own lawyers will
insurers about the lawyer to be instructed, or to nominate
be instructed and the rates to a non-panel lawyer of your
be paid. It may well be that the choice, is paramount, just in
insurer is happy for a non-panel case you are faced with an HSE
firm to be instructed, providing investigation, as this will be one
that the same fee rates are paid less thing to worry about!
as would be charged by a panel
firm. Alternatively, the panel n FOR FURTHER
lawyer offered by the insurer INFORMATION
may have the appropriate CONTACT BOSS ON
experience and expertise in 0845 450 1565

February/March 2014 | BOSS TODAY 31

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