Appeals: jurisdiction, irregularity and error of law

In an important judgment for professional indemnity insurance, the Court of Appeal has ruled in Royal and Sun Alliance Insurance Ltd and Others v Tughans [2023] EWCA Civ 999; [2023] Lloyd's Rep IR 657, affirming the first instance decision of Foxton J [2022] EWHC 2589 (Comm); [2023] 1 Lloyd's Rep 90, that a firm of solicitors that has earned its fees despite a breach of duty towards its client and possible misrepresentation has a claim under its policy for liability for damages representing the amount of the fees.

The substantive issues in this case are discussed in our sister publication, Insurance Law Monthly. The discussion here focuses on the arbitration questions that also arose.