Category: Claims handling · Reviewed by Al Jabbar, Broker · Specialist Risks · Last reviewed 2026-06-11
Counsel’s opinion is a written advice from a barrister, addressing specified questions of fact, law and forensic strategy, used by solicitors and insurers as the authoritative legal view on which substantive decisions are taken.
Counsel’s opinions are the principal mode by which insurers and their defence solicitors obtain authoritative analysis on liability, quantum and strategy. The barrister’s role as specialist advocate and adviser, sitting outside the day-to-day claims operation, brings independence and forensic depth that complements the solicitor’s transactional knowledge.
Opinions are commissioned at every major decision point: at the coverage stage (a coverage opinion), at the merits stage (an opinion on liability and damages), before Part 36 offers (an opinion on settlement value), before mediation (an opinion on negotiation strategy), and before trial (a final advice on the trial team’s approach).
There is no statutory rule requiring an opinion. The discipline is operational and is shaped by:
For insurance work specifically, the opinion is treated as the policyholder’s privileged material — the panel solicitor is acting for the policyholder, and counsel’s advice is to the policyholder through that retainer. The insurer accesses the advice through the joint interest principle.
For Lloyd’s-market claims, the slip leader will typically obtain the opinion and share it with the following market. Coverage disputes between leader and followers about how to weight an opinion are common.
A request for opinion is sent by the instructing solicitor in a written instructions document. The instructions set out:
Counsel reads the instructions, the key documents and any necessary case law and statutory material, then drafts the opinion. A typical opinion has a recognisable structure:
The opinion is delivered as a written document, often supplemented by an oral conference (a meeting between solicitor, counsel and sometimes the client or insurer). The conference is the forum for testing the analysis, exploring alternatives and getting counsel’s qualitative judgment on questions that the formal opinion does not capture.
The instructing solicitor receives the opinion and shares it (in full or in summary) with the insurer’s claims handler. For very large claims the opinion may be shared with the claims manager, head of claims and reinsurers above defined thresholds.
Senior counsel (KCs) and junior counsel are often instructed jointly on substantial matters. The KC takes the lead on strategy and trial advocacy; the junior carries the detailed analysis and supporting work. Opinions are jointly signed.
In the Lloyd’s market, opinions are commonly obtained from a small group of specialist insurance silks and juniors whose reputations are known across the market. The choice of counsel itself signals the seriousness with which a matter is being treated.
“Preliminary opinion” — written on incomplete information, with explicit acknowledgement that fuller analysis will follow as facts develop.
“Final opinion” — definitive analysis on the questions raised, used for substantive decisions.
“Trial opinion” — advice given immediately before trial, addressing trial strategy, exhibit handling, witness preparation and judicial deployment risk.
“Quantum opinion” — focused only on damages, often produced jointly with a quantum expert’s input.
“Coverage opinion” — focused on the policy response.
“Joint opinion” — by two or more counsel, often a leading insurance silk and a specialist in the underlying field of law (construction, professional negligence, cyber).
“Indicative” or “off-the-cuff” advice — given orally without a written opinion; less formal but still privileged.
A defendant accountant faces a £6m PI claim arising from alleged negligent audit advice. The panel solicitor commissions a joint opinion from a leading insurance silk and a junior with deep audit expertise. Instructions enclose the underlying audit working papers, the claimant’s letter of claim, the defendant’s draft Defence, the insurer’s preliminary coverage view and the available expert correspondence. Counsel produce a 38-page opinion within four weeks. Conclusions: coverage attaches with no significant defence; liability arguable (60% chance of defeat at trial on a Caparo-based duty argument; 40% chance of breach being established); causation is the key issue and depends on the audit committee’s evidence about what would have been done with better disclosure; quantum at full liability £4.2m to £5.6m, but discounted for the causation issue to a settlement value of £1.6m to £2.4m; Part 36 offer recommended at £1.8m; mediation timing optimal at 14-16 months from issue. The opinion shapes the entire defence strategy memo and the insurer’s reserve.
By Matt Bartlett, Director, on 2026-06-11. Next review: 2026-12-11.
This entry is part of the Apex Insurance Wiki. Last reviewed by Matt Bartlett on 2026-06-11. Apex Insurance Brokers Limited, FCA FRN 724952, Companies House 07014570. Not regulated advice — consult your broker on your specific position.
Apex Insurance Brokers serves UK professional services firms and commercial businesses. Call 0117 325 0027, email hello@apexinsurancebrokers.co.uk, or request a quotation.
Get a quote