premium issueFrances McCarthy commented on the difficulties facing claimant solicitors while the recoverability of pre-issue after-the-event insurance (AEI) premiums remains at issue.

Also, she amplified the difficulties in later demonstrating that premiums were justified (see [2000] Gazette, 15 December, 16).The Law Society requires solicitors to advise their clients of their options when starting litigation, including the possibility of insuring against them losing the case.

This is complicated by certain insurers that require all cases to be insured and from first consultation.

Solicitors then face the difficulty of either obtaining a range of quotes, or telling clients that they will only obtain quotations from one insurer.The question facing solicitors in this period of uncertainty is what should they do to protect themselves and their client? Notwithstanding the recover-ability issues, there are reputable and established insurers known to Aon Professions who are still able to issue policies that do not involve an investigation or joining fee; do not require the solicitor to insure all their litigation cases; and can be brought at any time in the litigation process.Furthermore, employing an independent broker can assist the solicitor in ensuring best practice and in later establishing the 'reasonableness' of premiums.

Patrick Hearn, associate director, Aon Risk Services Ltd, Professions Group