Conditions

You are reading current version in effect from 1 October 2023
Print this section Copy highlighted section to clipboard
Back to
You are reading current version in effect from 1 October 2023

Glossary terms

previous practice

means any practice which shall have ceased to exist as such for whatever reason, including by reason of:

(i)

any death, retirement or addition of principals; or

(ii)

any split or cession of the whole or part of its practice to another without any change of principals.

member
  1. (unless (ii) below applies) means:
    1. in relation to a company, a person who has agreed to be a member of the company and whose name is entered in the company's register of members; and
    2. in relation to an LLP, a member of that LLP
  2. for the purposes of the SRA Indemnity Fund Rules, means a member of a practice, being:
      1. any principal (including any principal) therein;
      2. any director or officer thereof, in the case of a recognised body or a licensed body which is a company;
      3. any member thereof in the case of a recognised body or a licensed body which is an LLP;
      4. any recognised body or a licensed body which is a partner or held out to be a partner therein and any officer of such recognised body or a licensed body which is a company, or any member of such recognised body or a licensed body which is an LLP;
      5. any person employed in connection therewith (including any trainee solicitor);
      6. any solicitor or REL who is a consultant to or associate in the practice;
      7. any foreign lawyer who is not an REL and who is a consultant or associate in the practice; and

    any solicitor or foreign lawyer who is working in the practice as an agent or locum tenens, whether he or she is so working under a
    contract of service or contract for services; and includes the estate and/or personal representative(s) of any such persons.

SRA

means the Solicitors Regulation Authority

claim

means a demand for, or an assertion of a right to, civil compensation or civil damages or an intimation of an intention to seek such compensation or damages. For these purposes, an obligation on an insured firm and/or any insured to remedy a breach of the SRA Accounts Rules, or any rules which replace them in whole or in part, shall be treated as a claim, and the obligation to remedy such breach shall be treated as a civil liability for the purposes of clause 1 of the MTC, whether or not any person makes a demand for, or an assertion of a right to, civil compensation or civil damages or an intimation of an intention to seek such compensation or damages as a result of such breach, except where any such obligation may arise as a result of the insolvency of a bank (as defined in section 87 of the SA) or a building society which holds client money in a client account of the insured firm or the failure of such bank or building society generally to repay monies on demand

relevant indemnity period
in relation to contributions or indemnity means that indemnity period in respect of which such contributions are payable or such indemnity is to be provided in accordance with the SRA Indemnity Fund Rules.
Indemnity Fund

means the fund maintained in accordance with the SRA Indemnity Fund Rules.

authorised decision maker

in relation to a decision, means a person authorised to make that decision by the SRA under a schedule of delegation

Fund

means the fund established and maintained under rule 1.1 of the SRA Compensation Fund Rules.

contributions
means contributions previously made to the fund in accordance with Part III of the Solicitors' Indemnity Rules 2012 (or any earlier corresponding provisions), and any additional sums paid in accordance with Rule 16 of the SRA Indemnity Fund Rules.
claimant

means:

  1. a person making a claim to statutory trust monies; and
  2. in the SRA Indemnity Insurance Rules and the MTC, a person or entity which has made or may make a claim including a claim for contribution or indemnity
principal

means (unless paragraph (c) of this definition applies):

  1. where the authorised body is or was:
    1. a recognised sole practice - the sole practitioner;
    2. a partnership - each partner;
    3. a company with a share capital - each director of that company and any person who:
      1. is held out as a director; or
      2. beneficially owns the whole or any part of a share in the company; or
      3. is the ultimate beneficial owner of the whole or any part of a share in the company;
    4. a company without a share capital - each director of that company and any person who:
      1. is held out as a director; or
      2. is a member of the company; or
      3. is the ultimate owner of the whole or any part of a body corporate or other legal person which is a member of the company;
    5. an LLP - each member of that LLP, and any person who is the ultimate owner of the whole or any part of a body corporate or other legal person which is a member of the LLP;
  2. where a body corporate or other legal person is a partner in the authorised body, any person who is within paragraph (a)(iii) of this definition (including sub-paragraphs (A) and (C)), paragraph (a)(iv) of this definition (including sub-paragraphs (A) and (C)), or paragraph (a)(v) of this definition
  3. in the SRA Indemnity Fund Rules, means:
    1. a solicitor who is a partner or a sole solicitor within the meaning of section 87 of the SA, or an REL who is a partner, or who is a sole practitioner, or an RFL or non-registered European lawyer who is a partner, and includes any solicitor, REL, RFL or non-registered European lawyer held out as a principal; and
    2. additionally in relation to a practice carried on by a recognised body or a licensed body alone, or a practice in which a recognised body or a licensed body is or is held out to be a partner:
      1. a solicitor, REL, RFL or non-registered European lawyer (and in the case of a licensed body any other person) who:
        1. beneficially owns the whole or any part of a share in such recognised body or licensed body (in each case, where it is a company with a share capital); or
        2. is a member of such recognised body or licensed body (in each case, where it is a company without a share capital or an LLP or a partnership with legal personality); or
      2. a solicitor, REL, RFL or non-registered European lawyer (and in the case of a licensed body any other person) who is:
        1. the ultimate beneficial owner of the whole or any part of a share in such recognised body or licensed body (in each case, where the recognised body or licensed body is a company with a share capital); or
        2. the ultimate owner of a member or any part of a member of such recognised body or licensed body (in each case, where the recognised body or licensed body is a company without a share capital or an LLP or a partnership with legal personality).
person

includes a body of persons (corporate or unincorporated)

panel solicitors
means any solicitors appointed in accordance with Rule 14.15 of the SRA
Indemnity Fund Rules.
expired run-off claim

means any claim made against the Indemnity Fund for indemnity under the SRA Indemnity Fund Rules in respect of which no preceding qualifying insurance remains in force to cover such claim, by reason only of:

  1. the run-off cover provided or required to be provided under the policy having been activated; and
  2. the sixth anniversary of the date on which cover under such qualifying insurance would have ended but for the activation of such run-off cover having passed; or
  3. (in the case of a firm in default or a run-off firm) the period of run-off cove provided or required to be provided under arrangements made to cover such claim through the ARP having expired.