SRA | SRA Indemnity Rules, rule 19, and SRA Indemnity Insurance Rules, rule 19.1, decision to grant or refuse application for waiver under [updated]

SRA Indemnity Rules, rule 19, and SRA Indemnity Insurance Rules, rule 19.1, decision to grant or refuse application for waiver under [updated]

Principles of regulatory decision-making, approved by the SRA Board, provide a set of standards applicable to decisions. The principles are supported by guidelines.

The reasons given by a decision-maker will normally include specific criteria applicable to the decision. SRA Policies relevant to decision-making are reflected in the criteria.

Scope of this document

Effective date: 06 October 2011

This document applies to decisions in relation to applications for a waiver of a rule or part of a rule under the Solicitors' Indemnity Insurance Rules 2001 to 2010 and the SRA Indemnity Insurance Rules 2011.

All applications will be considered on merit and determined by a member of staff to whom authority has been delegated by the Solicitors Regulation Authority Board. This will usually be the Director of Policy and Standards or an Adjudicator.

The relevant statute/regulations/provisions are:

Criteria

When determining an application, the criteria set out within the Solicitors' Indemnity Insurance Rules Waivers Policy applies:

The policy

Waivers might be appropriate in the following circumstances:

to remedy serious injustice resulting from either an anomaly created by, or the strict operation of, the Indemnity Insurance Rules;
where the absence of a waiver would involve a breach of the indemnity Insurance Rules which would be no more than technical in character;
in any other case that is wholly exceptional in character.

The decision maker 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.