Legal Defense Costs Insurance

Introduction

Owing to concerns about personal prosecutions associated with work-related incidents the Institute took out a Group Legal Protection Policy to cover all UK members (except those paying retired or unemployed reduced-rate subscriptions) with effect from 1 July 1996.

A summary of benefits is set out below. Members whose annual subscriptions for the current year remain unpaid at June 30 will be excluded from the policy.

Summary of Cover

This policy has been arranged on behalf of The Institute of Quarrying by Clarke Roxburgh Insurance Brokers Ltd. Cover is underwritten by DAS Legal Expenses Insurance Company Limited. The Insured Incidents covered by your policy are listed below.

In many cases DAS will be able to negotiate a full settlement of claims. However, if this is not possible, the matter will be referred to a lawyer for further action. The policy will pay legal costs up to £50,000. This amount includes solicitor's and barrister's fees, court costs, expenses for expert witnesses and the other person's costs if the court decides against you.

Legal Defence

Legal costs incurred in defending your legal rights:

  1. If an event arising from your work as an employee leads to you either being prosecuted in a criminal court, or civil action being taken against you under the Race Relations Act 1976, the Sex Discrimination Act 1975 or Section 22 or 23 of the Data Protection Act 1984 or the serving of an enforcement deregistration or transfer prohibition notice under the Data Protection Act 1984.
  2. If civil action is taken against you as a trustee of pension fund set up for the benefit of your employer's employees.
  3. Following an event which leads to your prosecution for an offence connected with the use or driving of motor vehicle.
  4. DAS will also pay an award of compensation made against an injured person under Section 22 or 23 of the Data Protection Act 1984 provided that your employer has registered with the Data Protection Register.

NB: Claims arising from allegations of dishonesty or intentional violence are excluded from this cover

General Information

The legal expenses cover provided applies to the UK, Channel Islands and the Isle of Man. A 24-hour telephone helpline service is available to provide legal advice in relation to any matter insured under the policy. Telephone number +44 (0)117 934 2111 - Policy number TT2/3214002.

Important Exclusions

  1. Legal costs incurred without or prior to the consent of DAS
  2. Claims reported more than 180 days after the insured incident
  3. Civil claims which do not have a reasonable prospect of success

This document is merely a summary of cover, specimen copies of the full terms and conditions are available on request.

In the first instance all claims should be initiated through the Institute's Nottingham office.

The costs of legal representation during an interview 'under caution' or obtaining advice prior to prosecution are NOT covered by this insurance except in so much that the costs may be recovered after a successful defence of a prosecution.