A decision in a recent case further exhorts disputing parties and their lawyers to treat seriously any request to take part in alternative dispute resolution.
Michael Hughes reports on the decision of Justice Davies in the Federal Court of Australia refusing ASIC’s application to remove liquidators appointed to two companies.
The EU Commission has imposed a fine of €20m on Marine Harvest for failing to notify the commission of its acquisition of de facto sole control over Morpol ASA.
Partner and head of real-estate disputes
Neil Hudgell Solicitors has won €1.75m for engineer Hendrik Donkers, who lost two limbs in an accident that took place as he went to service a tyre below an aircraft’s nose.
Gateley has promoted commercial dispute resolution lawyer Claire Herbert to associate. Herbert works between Leicester and London.
Our lawyers represent clients in claims relating to interest rate swaps and collars and other financial products, misrepresentation, breach of contract, negligence and fraud.
No5 Chambers has announced that Jonathan Shaw is now an accredited mediator.
California courts are clarifying potential liability under the CMIA of healthcare providers, health plans, pharmaceutical companies and others for the unauthorised disclosure of medical information.
Gateley has announced one hire and two promotions across the Leicester and Nottingham offices.
Penningtons Manches lawyers have set their sights on the defendant’s professional indemnity insurer.
The professional indemnity insurance market was shaken by last year’s adjustments, and now the SRA has additional proposals
In a recent case, an invoice discounter purchased the debts of a company whose directors signed an indemnity in the discounter’s favour.
Gateley discusses two recent decisions relating to the law of nuisance: Coventry v Lawrence and Northumbrian Water Ltd v Sir Robert McAlpine.
Partner — Northampton
Penningtons Manches is currently pursuing two high-profile group action litigation claims relating to negligent advice given by solicitors.
LK Shields Solicitors has experience in complex and high-profile commercial litigation and in professional negligence defence, among other things.
DLA Piper has announced that Karl Dial will join the firm’s litigation practice as a partner in the Dallas office.
In the first of a two-part series, Mark Carver considers the SRA’s proposed changes to the professional indemnity market.
Adam Farrer of No5 has acted for the HSE in the Crown Court and then in the Court of Appeal in relation to an appeal against sentence in a fatal gas case.
Routes to financial redress against banks, investment advisers, insurers, mortgage advisers and product providers download
Susanne Muth discusses some pertinent and recurring themes encountered in the commercial and chancery area of practice.
A former 1 Gray’s Inn Square barrister jailed last year for avoiding paying £77,000 in income tax and VAT has been struck off by the Bar Standards Board (BSB).
Finance litigation briefing — May 2014: credit agreement conditional upon survival of supply agreement download
In Durkin v DSG Retail Ltd, Durkin entered into a debtor-creditor-supplier agreement to fund the purchase of a computer.
The Royal Court in Jersey has ruled that a private trust company seeking to bring claims for breach of trust could not benefit from empêchement d’agir.
There are groups who appear to consider the compensation principle is being exploited, to the extent that Britain has a ‘compensation culture’.
According to recent media reports, retailers have been selling meat which satisfies halal requirements but is not clearly described as ‘halal’.
The continuing effect of a negligent pre-contractual misrepresentation — Cramaso v Ogilvie-Grant, Earl of Seafield and Others
A party can be liable for a pre-contractual misrepresentation, even though the representation was first made to a party other than the ultimate contracting party.
Tim Pole from No5 Chambers has appeared for the prosecution in a case that saw Steve Colson plead guilty to four offences of contravening the Health and Safety Act 1974.
Feltham v Bouskell provides a cautionary tale for lawyers regarding the need to act quickly upon the receipt of instructions from elderly or ill clients.
What is an insured defendant obliged to disclose about their private insurance arrangements?
E.Surv claimed contribution under the Civil Liability (Contribution) Act 1978 from Goldsmith Williams.
The worst of both worlds? High Court gives guidance on commercial agents’ rights on termination download
The Commercial Agents (Council Directive) Regulations 1993 require that where a principal terminates an agency, in most circumstances it must make a payment to its agent.
The Supreme Court is to examine the scope of a solicitor’s duty and whether they are legally required to warn clients about commercial risks.
Mesothelioma Bill hasn’t done enough download
Much has been written and said about the rights and wrongs of the new Mesothelioma Bill, passed by the government earlier this year.
Penningtons Manches has substantial experience in working with clients to devise strategies to avoid possible disputes and to resolve effectively those that do occur.
The travel law team specialises in providing fast, innovative and effective solutions for travel industry clients in this complex and ever-changing area of law.
Partner — Guernsey
Partner — Jersey
Accountants can draw some comfort following the recent Court of Appeal decision in Mehjoo v Harben Barker.
In Flanagan and another v Greenbanks and Cross, the Court of Appeal provided guidance on assessing whether there had been a break in the chain of causation.
The new year has brought with it two interesting decisions from the Technology and Construction Court that provide useful guidance on parties’ rights to adjudicate.
The court has considered whether a party could be liable for a pre-contractual misrepresentation where the party to which the representation was originally made was not the ultimate contracting party.
At IBB Solicitors, our specialist team will help you to resolve your disputes quickly and easily — often without the need for court intervention.
We see ourselves as both your legal and business partner and work with you to ensure that litigation doesn’t become an unwelcome distraction from your daily operations.
At IBB Solicitors, our property dispute resolution experts can provide constructive advice to effectively resolve a dispute.
The Tax Agent Services Act 2009 has been amended, heralding significant changes to the way financial planners are regulated.
Our pre-eminent litigation practice in the Cayman Islands, Guernsey and Jersey advises clients on the full spectrum of contentious, semi-contentious and advisory work.
Where a buyer wrongfully neglects or refuses to accept and pay for goods, the seller may bring an action for damages for non-acceptance.
Eversheds has successfully appealed a High Court decision that had serious implications in relation to the scope of the duty of care owed by accountants to their clients.
The court has emphasised the onus on a plaintiff to ensure their case is progressed expeditiously and the need to balance that obligation with the European Convention on Human Rights.
JP Morgan’s £130m legal battle with Berlin’s public transport provider BVG in which Clifford Chance was implicated for allegedly providing negligent advice has settled.
Fraud in the workplace download
Employers have always been reluctant to pursue a civil claim against former employees for losses incurred as a result of their negligence or misconduct.
Outer Temple Chambers’ Patrick Sadd and Harriet Jerram have been appointed counsel to the Independent Jersey Care Inquiry to look into child abuse on Jersey.
Chinese firms Commerce & Finance and Jingtian & Gongcheng are understood to have reached an intention to settle an ongoing legal action in Canada with 11 financial institutions.
Sarah Stewart and Scott Phillips discuss the Court of Appeal decision in Rogers v Hoyle and what it means to bereaved families and injured survivors of aviation accidents in the UK.
No duty of care to passers-by download
For a duty of care to be established in a personal injury claim, foreseeability of harm on its own is not enough; proximity between the parties is also required.
Gerard McDermott QC of Outer Temple Chambers has acted as leading counsel for the claimants in a significant cross-border case.
Barrister Sarah Pritchard has secured the dismissal in the Court of Appeal of the claimant’s appeal against the judgment of HHJ Armitage QC in this employer’s liability case.
A representor has been held liable for its negligent misrepresentation to another party other than the party that was later induced to conclude the contract.
The cost and headache of operating client accounts can be a significant drain for solicitors — so why do it?
Clients are more willing to bring claims against professional service providers but the risk to defendants is not as dramatic as it might seem
The notion of ‘gross negligence’ is an important matter for customers and institutions alike and has been reviewed by the High Court and Supreme Court in deciding a recent case.
It is common in mortgage fraud for lenders to lose advances where their solicitors are innocently duped by fraudsters.
Attorneys He Haojun and Xu Pengwei from Dacheng’s Kunming office have argued that damages for psychological injury should still apply in breach-of-contract cases.
Mourant Ozannes has announced the promotion of three litigation lawyers in the Cayman Islands to senior positions within the firm.
The judgment of the Lord Chief Justice gives a clear indication that appeals against fines will be difficult to win.
The recent unseasonal weather has put into question organisations’ accident and incident investigation procedures and their ability to proactively assess incidents.
R v Bodycote HIP UK contains an important warning to UK organisations in relation to the impact of health and safety prosecutions against their branches abroad.
The recent judgment in the Guernsey case of (Investec & ors v Glenalla & ors) deals with the risks faced by the trustees of an insolvent trust.
The importance of risk assessments — first publicity order in corporate manslaughter case and general case update download
These cases highlight one point over and over again: risk assessments. They are either not in place at all or are undertaken but not followed.
What sort of PII issues are likely to face practitioners contemplating accreditation and their insurers?
The New York Court of Appeals, in K2 Investment Group, LLC v American Guarantee & Liability Insurance Company, has vacated its own prior decision.
Royal Court clarifies limits of customary law exception in respect of time-barred breach-of-trust claims brought by incoming trustee download
Where a newly incorporated PTC recently appointed as successor trustee seeks to bring claims for breach of trust against predecessors, it will not be able to benefit from empêchement d’agir.
Paul Chaisty QC and Mark Harper of Kings Chambers have acted for Redstone Mortgages on four ‘test’ professional negligence claims against a firm of solicitors.
Richard Hitchcock from Outer Temple Chambers has been selected for the award of Queen’s counsel.
The Supreme Court has handed down its judgment in the long-running case of Woodland v Essex County Council and in the process rewrote the common law.
The Brussels Regulation sets out a system that allocates jurisdiction to the courts of EU member states.
As test results from a public laboratory in West Yorkshire find more additives in food products, Eversheds’ health and safety partner David Young considers the consequences.
Barrister Alex Stein from No5 Chambers has prosecuted former foundry owner Laurence Brown from Mansfield for exposing workers to lead poisoning.
No5 Chambers has released the first edition of its Commercial & Chancery Bulletin for 2014.
The commercial court considers the date at which loss should be assessed where damages are sought as a result of alleged negligent financial advice.
Addleshaw Goddard has released the January 2014 edition of its European Employment Law Update. This section focuses on France.
Health and safety: FAQs download
Shoosmiths partner and regulatory specialist Ron Reid answers questions on health and safety received from more than 1,200 viewers.
Watson Farley & Williams (WFW) has batted off a £10m professional negligence claim stemming from the global financial crash.
Clyde & Co has bulked up its construction disputes team with the addition of longstanding RPC partner Richard Moody in London.
A recent Court of Appeal decision has lessons for both solicitors and non-executive directors on how to manage conflict situations.
The Court of Appeal (Criminal Division) has handed down judgment on two appeal cases brought by companies contesting the level of fines each received.
We often come up against the argument from defendant professionals that the lender would not have acted differently even if it had been properly advised.
Court rules that Garlock’s settlement history does not accurately represent its actual asbestos liability download
Garlock Sealing Technologies is only liable for a fraction of the asbestos liability alleged against it by current and future mesothelioma claimants.
A number of calls are taken each year from doctors and other clinical professionals reporting that damaging information has been published about them.
This article examines some of the different types of claim or medico-legal query Mills & Reeve received in its Claims Handling Unit or out-of-hours service during 2013.
A recent decision from an appellate court in Pennsylvania is good news for policyholders who manufacture products.
We are regularly instructed by disciplinary authorities and respondents in proceedings dealing with the full spectrum of professional misconduct.
We are experts in coronial law and appear in inquests as well as claims for judicial review of coroners’ decisions.
Building on its experience and reputation in criminal cases, Three Raymond Buildings is regarded as a leading set in health and safety and fire safety work.
Legal Notebook: December 2013 download
DLA Piper’s Legal Notebook for December 2013 presents recent cases, headline issues and new legislation.
In Woodland v Essex County Council the Supreme Court reviewed the law on non-delegable duties of care and set out the criteria when a non-delegable duty arises.
More than 5 per cent of firms are facing forced closure by the SRA after failing to find insurance cover, risk experts claim, amid fears that practising certificate fees could jump to deal with rising intervention costs.
Chinese firm Jun He is being sued by two domestic rivals, Commerce & Finance and Jingtian & Gongcheng, over its adviser role in the Sino-Forest’s independent investigation.
Michael Rawlinson QC of Kings Chambers was instructed to admit breach of duty but deny causation on a novel basis in A v Avalon Solicitors.
Weil Gotshal & Manges is facing a €12m (£10m) professional negligence claim brought by private equity house Bancroft over its acquisition of a Slovakian ice cream company.
The recent case Feltham v Bouskell  EWHC 3086 (Ch) is one of the first to consider the additional sanction under CPR 36.14(3)(d).
Newcastle International Airport (NIA) has been ordered to pay all the costs associated with the negligence claim it brought against Eversheds, which ended last week after a six-year battle.
Eversheds has been ordered to pay £2 in nominal damages to Newcastle International Airport (NIA) after the Court of Appeal (CoA) brought to an end a six-year court battle.
The Court of Appeal’s recent decision in Gabriel v Little addresses the question whether a solicitor provides ‘advice’ or ‘information’ and the scope of duty under SAAMCo.
Litigators could see a rush of professional negligence claims against the sector following the Court of Appeal decision to penalise those that fail to comply with court directions, leading lawyers have warned.
More than 100 firms have ben warned to prepare for the worst case scenario after failing to secure professional indemnity insurance (PII) on the open market ahead of the 1 October renewal deadline.
Walker Morris has been ranked in 27 practice areas in the 2014 edition of Chambers & Partners.
More than 150 firms could face closure after being unable to get professional indemnity insurance (PII) on the open market.
Being negligent does not mean being liable. Being negligent and causing an injury means a liability arises.
A High Court decision has confirmed that relief is potentially available for professional mistakes that amount to a minor departure from the ordinary standards expected of the profession.
A pair of elite Chinese capital markets firms, Commerce & Finance and Jingtian & Gongcheng, are facing negligence and breach of duty claims filed by 11 international financial institutions, including Credit Suisse Securities and Banc of America Securities.
Mills & Reeve has extended its professional indemnity team with the addition of three solicitors and a paralegal.
A total of 185 firms have applied to the Solicitors Regulation Authority (SRA) for the extended indemnity period (EIP) of insurance having failed to secure professional indemnity insurance (PII) cover by the regulator’s 1 October deadline.
Financial institutions e-briefing: professional negligence/title rectification/mortgage fraud download
This financial institutions e-briefing from Eversheds looks at the current overhaul going on in the professional indemnity insurance market.
Decisive action when facing closure will at worst avoid a chaotic wind-down and at best net a turnaround
Chambers has announced that Paul Chaisty QC, Lesley Anderson QC and David Casement QC have been shortlisted in the Queen’s Counsel rankings.
The regulatory and disciplinary group has significant experience of the vast majority of disciplinary areas.
Alison McCormick of Outer Temple Chambers was a guest speaker on a Lexis Nexis webinar about asbestos.
Freshfields Bruckhaus Deringer and Herbert Smith Freehills (HSF) have avoided a £140m court showdown with London Underground (LUL) after settling a professional negligence case just weeks before it was due to be heard.
Solicitors’ professional indemnity insurance rates are set to rocket following the withdrawal of underwriter Berliner from the market, leading insurance brokers have warned.
As the renewal season for professional indemnity insurance approaches, insurers see the market hardening
Insurance broker Aon Risk Solutions has stepped into the breach following the news that XL Insurance and AIG intend to significantly reduce their market share in the solicitors professional indemnity (PII) market.
Freshfields Bruckhaus Deringer has turned to bar heavyweight Tony Grabiner QC of One Essex Court to lead the defence of a £140m professional negligence claim against it by London Underground.
The SRA has announced that it is considering the introduction of a financial rating criteria for professional indemnity insurance (PII) underwriters.
Morrison & Foerster is in the High Court this week defending a professional negligence claim brought by energy investment company Petrocapital Resources over a share transaction.
Changes to the way solicitors insure themselves are kicking in this year. Our peer panel surveys the new landscape.
Shoosmiths unveils website detailing services of professional discipline team.
Firm is third to face professional negligence claims over how it handled a group action over MMR vaccine
Eversheds will be forced to defend a professional negligence claim from Newcastle International Airport (NIA) in the Court of Appeal (CoA) after NIA was given the green light to take the case to the appellate court.
Singaporean firm Allen & Gledhill, Clyde & Co and City shipping boutique Waterson Hicks are embroiled in a lawsuit filed by a Swiss Bank against the Singaporean firm over alleged negligent advice.
Sarah Clover (scroll down for video interview), joint head of Clyde & Co’s professional and financial disputes team, has become virtually a household name in legal circles for defending law firms and barristers in professional liability claims.
Collyer Bristow is expected to face two major professional negligence claims next year after the Court of Appeal (CoA) ruled last week that the £50m Innovator One claim could proceed to appeal.
Legacy Herbert Smith has been joined as a defendant with Freshfields Bruckhaus Deringer in a £140m professional negligence claim being pursued by London Underground (LUL).
Newcastle International Airport (NIA) has been ordered to pay more than £500,000 of Eversheds’ legal costs into a holding account after it failed in its attempt to sue the firm for negligence.
Professional indemnity insurance is in the spotlight, with collapse and consolidation in the solicitors’ sector forcing insurers to focus on firms’ profitability
Professional indemnity cases keep hitting the court lists as settlement values continue to rise
Collyer Bristow is preparing to launch an indemnity costs claim against the 555 claimants which failed in their attempt to sue the firm on Friday.
A professional negligence claim is a headache for any lawyer - and as companies try to recoup their losses, there are plenty out there right now
Advice for a previous German federal state government comes back to haunt Gleiss
The High Court has rejected a professional negligence claim against City firm Devonshires clearing it of any wrongdoing to a former client.
Charles Winter maintains that self-insurance is a viable option for law firms
With PI rates remaining within reach for the majority of law firms, Sandra Neilson-Moore fights the corner for a commercial insurance market when the ARP is scrapped in 2013
Law firms of all sizes, and in particular smaller practices, will have to be fully armed with transparent, firm-specific information on their risk profiles once the PI revolution takes effect.
Firms need to embark upon a voyage of self-discovery in preparation for their PI renewal dates. Martin Ellis and Colin Taylor reveal the measures required to satisfy the increasingly picky underwriters
The SRA’s decision to defer scrapping the ARP is a hammer blow to the profession, says Mark Casady
Increasingly the courts are faced with issues of dishonesty by professionals and with this trend comes a hike in use of the illegality defence. James Roberts and Chris Dunlop examine its evolution in recent case law
The Supreme Court’s decision to remove immunity of suit from expert witnesses might be less dramatic than first expected. Nicholas Heaton reports
The Legal Ombudsman is finally up and running. Chris Fitton and Elizabeth Hughes find out how it’s working.
Those applying for indemnity costs awards need to back up their claims fully. Tony Hill reports on the latest significant judgment
The High Court has thrown out a £60m professional negligence claim brought against North West firm Mace & Jones this morning.
Construction and professional negligence silk David Sears QC is to take up tenancy at 4 New Square from next week.
With the shrinkage in the professional indemnity market and rates rising sharply, experts agree that the sector is set for a rocky ride. By Katy Dowell
The US justice system protects lawyers from being sued by dissatisfied clients to a greater degree than its English counterpart. John Keeney and Giles Hutt put paid to a popular misconception and examine the key differences between the two systems
Eversheds is facing a High Court professional negligence claim from property development company JMH Acquisitions.
A new consumer complaints system will be in place later this year. Nick Bird and Andrew Williamson say the rules could mean headaches for some law firm leaders
The Government is sticking to its guns with the Financial Services Bill. Dan Preddy and Martin Langley highlight the concerns of those it affects
The Levicom v Linklaters case sets a precedent that clients cannot point the finger at their lawyers just because they don’t like the outcome of a case. By Fergal Cathie and Natalia Lyttleton
Charles Russell has instructed Barlow Lyde & Gilbert (BLG) to defend a £4m claim brought against it by a former client.
Property company London & Regional (L&R) last week settled its £30m negligence claim against Lawrence Graham and runaway partner Michael Fielding on the first day of the trial.
A recent clinical negligence case made all professionals sit up and take notice. But lawyers need not worry – the ruling does not apply to them. By Peter Causton
The Bar Council’s new direct access rules leave barristers wide open to negligence claims
The face of accessorial liability is changing, but many questions remain unanswered. Bajul Shah reports on Criterion Properties v Stratford UK Properties
Amid fears of the onset of a US-style compensation culture, Australia’s Ipp Review has recommended a crackdown on payouts. Jon Robins reports
The High Court has ordered 15-partner City firm Druces & Attlee to pay almost £2m in damages to a former client for breach of contract, negligence and breach of fiduciary duty.
Despite two years of a hard insurance market and rising professional indemnity premiums, Trevor Moss argues that law firms are better off in the open market than under SIF
Facing a claim is bad enough. Conflict with your insurer can be even worse. Derek Holwill and Helen Ager report
Net contribution clauses have yet to be tested in court, but they should always be used. George Brown explains why
To paraphrase Dirty Harry, a man’s got to know his limitations. Nicholas Heaton explains why
The capping of liability in solicitors’ letters of engagement is crucial, argues Mike Willis
As compliance with money laundering legislation reaches the next stage, law firms need to be ever-more vigilant. Nick Pointon explains why
On 21 May, Regulation 4 of the Amended Control of Asbestos at Work Regulations 2002 came into force. The regulations introduced the duty to manage and will mean that the UK has some of the most stringent controls on asbestos in the world.
Nicholson Graham & Jones (NGJ) has been cleared of any negligence in a case in which the firm bizarrely found itself as both the claimant’s solicitors and a Part 20 defendant.
Taylor Wessing shuts down clinical negligence group" /Taylor Wessing has closed its defendant clinical negligence department, which brought in £1m a year, because of the squeeze by insurers on lawyers’ rates.
Olswang is taking the £19m negligence claim brought against it last year all the way to the High Court.
The courts have delivered a severe blow to businesspeople who sue law firms for negligence on the grounds that solicitors have given them inadequate commercial advice.
Arbitration in professional negligence cases can be a better route for litigants to resolve their disputes. And it costs less, says William Bojczuk
Crown Office Row has hired two junior tenants from Kings Chambers in Manchester. The barristers, John Cooper and Simon Antrobus, specialise in health and safety and corporate manslaughter. For the last seven years they have acted for the Department of Trade and Industry in Griffiths v British Coal Corporation.
The Master of the Rolls has attacked the UK’s record on looking after accident victims. Lord Phillips of Worth Matravers (left) asked the Government to back the rehabilitation of those affected in its plans to deal with the spiralling costs of employers’ liability insurance. He told delegates at the Forum of Insurance Lawyers annual conference ...
LeBoeuf Lamb Greene & McRae will attempt to overturn the verdict of a Manhattan court which found it guilty of legal malpractice in favour of former client Sheraton Corp.
South East firm ASB Law is facing a £100,000 negligence claim brought by a former client of the firm's personal injury department.
Nick Brown has quit 4 New Square for Doughty Street Chambers to develop his civil liberties and clinical negligence practice. Brown's broad-based professional liability practice has increasingly focused on clinical negligence and personal injury claims. He also developed a niche civil liberties practice. He is presently acting for Mumia Abu-Jamal, the prominent black activist on death row in Pennsylvania.
A professional negligence barrister is seeking leave to appeal to the House of Lords to overturn a finding of negligence against her.
Leading medical negligence silk Paul Rees QC is himself being sued for negligence by the Medical Defence Union (MDU).
Bank Restaurant Group, the company that employs the wife of Pinsent Curtis Biddle's senior partner as a director, is suing her husband's firm for negligence.
Naomi Rovnick reports on how Olswang fought off a negligence claim from a ’mate’
Coudert Brothers is seeking leave to appeal a judgment handed down in February that found the firm had acted negligently on a £5.5m Russian share purchase for UK clothing manufacturer IML.
A group of senior clinical and medical negligence lawyers has been established as support for the longstanding Association of Personal Injury Lawyers (Apil).
Leicester law firm Freethcartwright is dealing with 60 claims made against the University Hospitals of Leicester NHS Trust.
Eversheds is being sued for £600,000 because its Cardiff office allegedly gave negligent advice.