CAP. 159]
Solicitors (Professional Indemnity) Rules
[1989 Ed.
[Subsidiary]
(3) In no circumstances shall any claim to Indemnity lie or be made against the Society or the Council.
(4) Subject to rule 14, the fund shall be available exclusively for the purpose specified in rule 3.
(5) In no circumstances shall the fund or any part thereof be available or be treated by any person as available (whether by virtue of any claim, attachment, execution or proceeding or otherwise howsoever) for or in connection with any other purpose.
13. Disputes
Any dispute or difference concerning the existence in quantum of any liability for any contribution to be made or caused to be made by any solicitor in accordance with rule 4 or concerning any claim or the quantum of any claim to be provided with Indemnity in accordance with rules 10, 11 and 12 shall be referred to a single arbitrator to be appointed in default of agreement by the President of the Society for the time being. Any such arbitration shall take place and be conducted between the indemnified who is a party to the dispute or difference and the Company representing the fund, and the arbitrator's decision shall be final and binding.
14. Continued maintenance and release of the fund
(1) Following the expiry of the last indemnity period in respect of which the fund shall provide Indemnity, the fund shall continue to be held, managed and administered by the Company for so long as and to the extent that the Society, in the light of the reports made to it by the Company, may consider necessary or appropriate for the purpose of providing Indemnity in respect of any claim made or intimated during any indemnity period arising out of circumstances notified during any indemnity period as circumstances which might give rise to such claim.
(2) When the Society considers it unnecessary or inappropriate that all or any part of the fund should be held, managed and administered for such purpose, the Society may at any time require all or any part of the fund not so required to be released to the Society.
(3) The Society shall apply such fund released to it, if and to the extent the Society considers it practicable, in any other way permitted by section 73A(2) of the Ordinance or for the benefit of the solicitors' profession as a whole in such manner as it may think fit.
15. Failure to make payment
(1) If any principal liable to make payment under or in respect of the Professional Indemnity Scheme of any amount for which the indemnified is
M8
CAP. 159]
Solicitors (Professional Indemnity) Rules
[1989 Ed.
[Subsidiary]
(3) In no circumstances shall any claim to Indemnity lie or be made against the Society or the Council.
(4) Subject to rule 14, the fund shall be available exclusively for the purpose specified in rule 3.
(5) In no circumstances shall the fund or any part thereof be available or be treated by any person as available (whether by virtue of any claim, attachment, execution or proceeding or otherwise howsoever) for or in con- nection with any other purpose.
13. Disputes
Any dispute or difference concerning the existence in quantum of any liability for any contribution to be made or caused to be made by any solicitor in accordance with rule 4 or concerning any claim or the quantum of any claim to be provided with Indemnity in accordance with rules 10, 11 and 12 shall be referred to a single arbitrator to be appointed in default of agreement by the President of the Society for the time being. Any such arbitration shall take place and be conducted between the indemnified who is a party to the dispute or difference and the Company representing the fund, and the arbitrator's decision shall be final and binding.
14. Continued maintenance and release of the fund
(1) Following the expiry of the last indemnity period in respect of which the fund shall provide Indemnity, the fund shall continue to be held, managed and administered by the Company for so long as and to the extent that the Society, in the light of the reports made to it by the Company, may consider necessary or appropriate for the purpose of providing Indemnity in respect of any claim made or intimated during any indemnity period arising out of circumstances notified during any indemnity period as circumstances which might give rise to such claim.
(2) When the Society considers it unnecessary or inappropriate that all or any part of the fund should be held, managed and administered for such purpose, the Society may at any time require all or any part of the fund not so required to be released to the Society.
(3) The Society shall apply such fund released to it, if and to the extent the Society considers it practicable, in any other way permitted by section 73A(2) of the Ordinance or for the benefit of the solicitors' profession as a whole in such manner as it may think fit.
15. Failure to make payment
(1) If any principal liable to make payment under or in respect of the Professional Indemnity Scheme of any amount for which the indemnified is
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