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Section 46(1) of the Legal Services Regulation Act 2015 ('2015 Act') provides -
'A legal practitioner shall not provide legal services unless there is in force, in respect of such practitioner, at the time of the provision of such services, a policy of professional indemnity insurance which complies with -
(a) where a legal practitioner is a practising barrister, regulations made under section 47...'
Practising barristers should familiarise themselves with the Legal Services Regulation Act 2015
(Professional Indemnity Insurance) Regulations 2019 ('PII Regulations 2019')
which were issued pursuant to section 47 of the 2015 Act.
As provided for by section 46(3) of 2015 Act, the FBLFA has approved the group scheme of professional indemnity insurance for practising barristers within the Bar of Ireland as being in compliance with the PII Regulations 2019.
Section 46(4) of the 2015 Act provides that any legal practitioner who, at the time of the provision of legal services, is a practising barrister covered by a scheme approved by the FBLFA shall be taken to be in compliance with Regulations issued under section 47.
If you are a member of the Law Library and are covered by the group scheme, you do not need to furnish evidence directly to the FBLFA.
Regulation 5(7) provides that a practising barrister, who is subject to Regulation 5(1), must provide to the FBLFA, or have provided on his or her behalf, evidence that he or she has effected and is maintaining a qualifying insurance policy in accordance with these regulations within 14 days of the commencement date, and within 14 days of each renewal date, of that policy. Regulation 7(2) provides that a practising barrister to whom Regulation 7(1) applies must provide evidence that he or she has established and is maintaining a policy of run-off cover within 14 days of ceasing to provide legal services and within 14 days of the renewal of such run-off cover (If applicable).
A 'qualifying insurance policy' is defined in section 2(1) of the PII Regulations 2019 and the general requirements of a 'qualifying insurance policy' are set out at Part IV of the PII Regulations 2019.
The FBLFA is currently liaising with the insurance providers to ascertain what evidence we require. This webpage will be updated in this respect, in due course, if required.