All members who are covered by the scheme are required to advise all clients (including briefing solicitors) of the cap in their liability by virtue of the scheme.  The Act requires that ‘if a person’s occupational liability is limited in accordance with this Part [Part 2], all documents given by the person to a client or prospective client that promote or advertise the person or person’s occupation, including official correspondence ordinarily used by the person in the performance of the person’s occupation and similar document, must carry a statement to that effect’ (s33).

The Professional Standards Council has issued a Policy Statement on Disclosure of Limited Liability which gives guidance to persons covered by a scheme about how they can meet their mandatory obligations to disclose they have limited liability.    

The disclosure statement will be sufficient if it uses the words specified in clause 9 of the regulations i.e. ‘Liability limited by a scheme approved under Professional Standards Legislation’.