The REC Indemnity: ‘Throwing the Kitchen Sink’ at the Committees?

Abstract

In this article, the author contends that the current indemnity provided to REC members is unfair and is so badly drafted that it cannot be described as an indemnity at all. He contends that the Appointing Authorities should give guidance to clarify the scope of the indemnity or replace it. The author discusses potential legal claims by REC members against their Appointing Authority if this is not provided. The legal liability of REC members for negligence and other claims is also discussed. The author provides a solution in a simpler form of indemnity framed by reference to actual claims that can be made against a REC member.