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High Court Appeal against SRA Waiver decision for APR premium

This is an appeal against the decision of a panel of adjudicators who refused an application for a waiver against payment of ARP and run off cover of £400k on the basis of exceptional reasons. Waivers: Rule 19.1 of the Solicitors Indemnity Insurance Rules 2010 confers a power to the Council to waive any Rule […]

This is an appeal against the decision of a panel of adjudicators who refused an application for a waiver against payment of ARP and run off cover of £400k on the basis of exceptional reasons.

Waivers: Rule 19.1 of the Solicitors Indemnity Insurance Rules 2010 confers a power to the Council to waive any Rule or part of any Rule in a particular case on such terms and conditions as it shall think fit [Appendix 1, ARP1/118 – 125].

The SRA Waivers Policy provides as follows,

‘Waivers might be appropriate in the following circumstances:

  • To remedy serious injustice resulting from an anomaly created by, or the strict operation of the SIIR;
  • Where the absence of a waiver would involve a breach of the SIIR which would be no more than technical in character;
  • In any other case that is wholly exceptional in character.

The panel will only take account of hardship if it is serious and caused by exceptional circumstances beyond the control of the appellant.

It is the view of the Financial Protection Committee that hardship alone is not a sufficient ground on which to grant a waiver.’

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