Insurance

TABLE OF CONTENTS

• 1. I am a barrister in chambers and am not sure whether I have insurance cover with BMIF (Bar Mutual Indemnity Fund). Can I be authorised?
• 2. I am a barrister employed by the Government and do not have insurance. Do I need to complete the insurance declaration?
• 3. I am an employed barrister, providing legal services to my employer only. Do I need to complete the insurance declaration?
• 4. I am a self-employed barrister practising overseas. Am I required to hold insurance and be entered as a member with BMIF?  

1. I am a barrister in chambers and am not sure whether I have insurance cover with BMIF (Bar Mutual Indemnity Fund). Can I be authorised?

Barristers who are unable to confirm that they have insurance will not be authorised to practise. Please contact BMIF on 020 7621 0405 or email [email protected] to confirm whether you have cover or to arrange cover.

2. I am a barrister employed by the Government and do not have insurance. Do I need to complete the insurance declaration?

All barristers are required to complete the insurance declaration confirming that they have and will maintain such insurance as may be required under the Code of Conduct in the BSB Handbook.

As Government barristers are not required to hold insurance, compliance with the Code of Conduct in the BSB Handbook for them means not actually requiring insurance. Therefore, this category of barristers will be able to complete the declaration without needing to have insurance.
 

3. I am an employed barrister, providing legal services to my employer only. Do I need to complete the insurance declaration?

Although insurance is only required under rC76 for barristers who are providing legal services to the public, you will still be required to complete the declaration confirming you have and will maintain such insurance as may be required by the Code of Conduct in the BSB Handbook.

However, in this case, compliance with the Code of Conduct means not requiring insurance. It may, however, be prudent for this category of barrister to confirm with their employer that they have appropriate insurance in place to cover actions of their employees, where the employee is personally liable.

4. I am a self-employed barrister practising overseas. Am I required to hold insurance and be entered as a member with BMIF?      

Unless you have previously been granted a waiver from this requirement, yes. Where you hold a self-employed practising certificate, you must be a member of BMIF (under rC76.2 of the Code of Conduct in the BSB Handbook).
 

rC76 also requires that 'you must ensure that you have insurance (taking into account the nature of your practice) which covers all the legal services you supply to the public'.