Settlement Negotiations with Insurance Companies

Litigation 01/04/1992

Practitioners should note the ruling of the Bar Council which precludes their members from negotiating directly with insurance company representatives in personal injury claims.

Where plaintiffs' solicitors arrange meetings with insurance companies, for the purpose of discussing settlement of personal injury claims, they should, where they intend briefing counsel, ensure that there is a solicitor instructed by the defendant.

If a solicitor has not been instructed by the defendant this will lead to a situation where the barrister, acting on behalf of the plaintiff, will be precluded from negotiating on behalf of the plaintiff with an insurance company representative.