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Key definition
Policy definition

What does Policy mean? In property practice, particularly in Scotland, policy (often policies) describes the grounds of a house—typically the garden, drives, parkland and other enclosed land associated with a dwelling, often within a boundary or policy wall. It is a descriptive conveyancing term rather than a defined statutory concept, but is well‑established in Scots property usage and title deeds. The term is used to identify what land is conveyed or retained with a house, to interpret real burdens and servitudes affecting the grounds (for example, maintenance of policy walls, tree controls or access routes), and to assess privacy and public access. In Scotland, guidance...

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Regulatory and common law duties of UK insurance brokers in placement and renewal: fair presentation, Consumer Duty, documentation, sub-brokers and negligence mitigation

Practice notes
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This practice Note offers a concise overview of the functions and duties of insurance brokers, outlining their role in arranging and renewing insurance policies. It also gives practical pointers on how brokers can avoid or reduce negligence claims. More focused materials are signposted. For rules and guidance on insurance distribution regulation, see Practice Notes:

  • FCA Handbook—introduction for the insurance and reinsurance sector
  • PRA Rulebook—introduction for the insurance and reinsurance sector
  • Insurance conduct regulation—COBS and ICOBS
  • UK insurance distribution regime—essentials

Functions of insurance brokers

The broker’s central task is to secure consensus and clarity between the insured and insurers so that suitable cover is effected (or ‘placed’) in line with the client’s instructions. An essential aspect of the role is to bridge the disparity between the client’s understanding of its own operations and the broker’s appreciation of cover available in the market (see Infinity Reliance Ltd (trading as My 1st Years) v Heath Crawford Ltd). This core function is performed as agent for the insured; however, brokers also undertake various...

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Emma Franklin
Emma Franklin

Emma is developing a busy practice across the breadth of commercial law, including insurance, shipping, general commercial disputes, international arbitration, shipbuilding and civil fraud. She acts as sole counsel and as junior counsel in all of 7KBW’s specialist areas and regularly acts as sole counsel in LMAA disputes. Her current and recent instructions include being led in a marine insurance Commercial Court dispute following the Russian invasion of Ukraine; being led in an insurance broker’s negligence dispute concerning the placement of business interruption cover; and acting in a multi-million euro superyacht construction arbitration, which involved the bringing of a successful urgent injunction against the builder in the Commercial Court.   ...

Josephine Higgs
Josephine Higgs , KC

Josephine Higgs KC is a barrister at 7 King’s Bench Walk practising in all areas of commercial law with a particular emphasis on insurance and reinsurance, professional negligence, civil fraud, conflict of laws and jurisdiction, international arbitration, and energy and natural resources. She is recommended in Chambers & Partners and Legal 500 as a leading silk for insurance, commercial dispute resolution and professional negligence, and has been described in the directories as “a complete pleasure to work with and a superb advocate”, “absolutely brilliant”, “very focused” and “ferociously hard-working”. She has been instructed in a broad spectrum of cases of different types and sizes in the Supreme Court, Court of Appeal, Commercial Court, and in domestic and international arbitrations (including ICC, LCIA, ARIAS and Bermuda Form arbitrations), as well as cases in other jurisdictions. She regularly advises and acts in cases with an...

Web page updated on 21/05/2026

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