SRA Handbook

Exhausting other remedies

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Version 5 of the Handbook was published on 01/10/2012. For more information, please click 'History' Above

Rule 13: Exhausting other remedies

13.1

A grant may be refused or limited where the loss or part of the loss is an insured risk or where the loss is capable of being made good by some other means.

13.2

The SRA may, before deciding whether to make a grant, require the applicant:

(a)

to pursue any civil remedy which may be available to the applicant in respect of the loss;

(b)

to commence insolvency proceedings;

(c)

to make a formal complaint to the Police in respect of any dishonesty on the part of the defaulting practitioner; or

(d)

to assist in the taking of any action against the defaulting practitioner.

13.3

In respect of an application for a grant under rule 5, the SRA may, before deciding whether to make a grant, require the applicant and/or the defaulting practitioner to seek indemnity from one or more qualifying insurers under a policy or policies of qualifying insurance.

13.4

In the absolute discretion of the SRA, a grant may be made before requiring the applicant to resort to other means of recovery.