Society's News


Corporate Members 2021

3PB Albion Chambers Ashfords Barcan + Kirby Battens Beale & Co BLM Burges Salmon Clarke Willmott CMS CMNO Cooke Painter Ltd Clyde & Co DAC Beachcroft The Family Law Practice Foot Anstey (including Enable Law) Fussell Wright GL Law Guildhall Chambers Irwin Mitchell Solicitors Lyons Davidson Marc White & Co Meade King Osborne Clarke Paragon Costs Solutions Queen Square Chambers … more


BLS features in Bristol Post oldest thriving companies in Bristol

Excerpt from the article: How Bristol’s oldest companies are still thriving after more than 100 years in business They include the city’s last-surviving chocolate maker a wine merchant and a tannery. Why do some companies struggle to survive beyond a year while others flourish for hundreds? Although more than 90 per cent of small companies in Britain will survive one … more


No 12, The Meeting Rooms – Conference, Meeting and Mediation Rooms for Hire

Please note that the BLS office is shut to members at present as we continue to work from home during the pandemic.  Bristol Law Society’s suite of conference and meeting rooms including a suite of mediation rooms are conveniently located in the centre between the Waterfront Area and the Old City in a modern building situated on the corner of … more


Letter writing for claims – hints and tips by Howden


 

 

 

 

 

 

Many firms are keen to be actively involved in drafting the letter in response to a claim against them, and some insurers also request the firms they insure to prepare the first draft for them to review. The quality of the response to a letter of claim can make all the difference to the future direction of that matter – or whether it is even pursued at all.

Some important tips and hints for drafting your response to a letter of claim is the subject of this article by senior claims executive, Nicola Vince.

Letter writing for claims – Hints and Tips

For those solicitors who deal with claims against their firm, an important part of the role will involve responding to correspondence that makes (or intimates) a claim or complaint. Whilst insurers are there to assist and guide you, under the terms of your policy you are required to provide full co-operation and assistance with the investigation, defence, settlement or mitigation of any actual or potential claim. Insurers will therefore often request that letters are drafted by you.

Whilst this can be time-consuming, it helps you to retain control over correspondence and the relationship with your client. Sometimes insurers’ drafting may not be the most appropriate as you know the situation best.

The solicitors’ claims team at Howden have produced a bulletin with useful hints, tips and advice based on our experience of reviewing and discussing draft responses with insurers. We recommend that those who deal with claims in your firm read the full version of the bulletin which is available here:

www.howdengroup.com/uk-en/letter-writing-claims-hints-and-tips-howden-uk

In the meantime, we set out a summary of some of the hints and tips from the bulletin below:

DO

  • Do give yourself enough time to draft a suitable response and also allow time for insurers to consider this.
  • Do, as far as possible, respond in a timely fashion to avoid the matter escalating and the possibility of criticism from your regulator.
  • Do stick to the facts as much as possible. It is best to avoid using emotive language. Try to refrain from sending overly detailed responses unless it is essential, as this can encourage unnecessarily lengthy correspondence that goes beyond the relevant issues.
  • Do when acknowledging a complaint, set out the timescales contained within your complaints procedure. This will save you being chased by your client and helps manage their expectations. If it becomes clear you cannot make the indicated timeframes, inform the client accordingly.

DON’T

  • Don’t make admissions or imply acceptance of liability unless previously discussed with your insurers.
  • Don’t make any offers to settle or indemnify any losses within your letter unless this has been discussed and approved by insurers.
  • Don’t send any correspondence without prior reference to your insurers. This can open a door for insurers to take issue with your position and in serious cases, reserve their rights under the policy. If you have a tight time frame, please give us a call or mark your email as urgent and we will do all we can to respond quickly and obtain urgent instructions where required.
  • Don’t over-complicate matters. Once again, stick to the facts to avoid a client’s ability to draw inferences from comments or omissions that were not necessarily required in the response.
  • Don’t try and rectify the mistake or make offers to do so without the prior consent of your insurers. It will not always be appropriate.

Wise words and phrases

 

What you are trying to say

 

Example of how to phrase it

We accept that we breached our duty as we failed to file the Claim Form in time The Claim Form was not filed on or before (xx) date.
You do not have a claim as you have not suffered any loss! We cannot properly consider any claim without documentary evidence of any loss.
We told you there was a risk of (xx) As per our correspondence dated (xx) and / or as per the meeting / phone call of (xx), we advised that there was a risk of (xx).
This was my mistake and you may be able to pursue a claim against this firm instead. On the basis of the content of this letter, you may consider it appropriate to obtain independent legal advice.
We cannot come back to you as we are awaiting instructions from our insurers. We are currently investigating and considering the matter and will revert as soon as we are able.
Given what has happened, we do not want to act for you any further as this could lead to further issues. Unfortunately we are unable to continue to act as it appears that a conflict of interest has arisen.

 

As a firm, you want to ensure that you reach the best possible outcome for any claim or potential claim notified under the policy. Your broker or insurer claims team will be able to discuss matters with you and offer guidance in relation to draft letters or notifications generally. They see these claims on a daily basis – and can share that knowledge and expertise with you.

For more information about Howden or to get in touch, please visit

www.howdengroup.com/uk-en/solicitors-professional-indemnity-insurance