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21 articles matched your search
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Welcome change from presumption of responsibility...
A recent property professional negligence case highlights the importance of getting specialist advice and why a team of lawyers can often be more effective than a single solicitor.
Case may prove key for victims seeking to recoup fraud losses from their legal advisers.
The dangers of working at heights download
There has been a raft of recent cases where the Health and Safety Executive has successfully prosecuted individuals and firms who have permitted staff and others to suffer injury while working at height.
The boom, bust and claim cycle could soon be repeated, sparking a rise in surveyors’ negligence cases. What lessons can be learned?
A windfall win and a warning download
Court will not tolerate opportunistic attempts to capitalise on another’s trivial breach.
A recent High Court case on fairly common facts has thrown up tricky issues as to how established surveyor negligence and summary judgment principles should be applied.
It is comforting to solicitors and their insurers that indemnity policies will not be seen as an easy target to cushion clients’ bad business decisions.
The Court of Appeal has given clear and helpful guidance as to the legal position when two or more known or foreseeable factors may combine to produce an abnormal event.
In Rentokil Initial 1927 PLC v Goodman Derrick LLP, the claimant’s refusal to waive privilege was criticised by the court.
Mis-selling of interest rate swaps download
The drop in interest rates that accompanied the downturn in 2008 left many borrowers confronted with much higher-than-expected payments to lenders.
When a court assesses the amount of costs payable by one party in litigation proceedings to another, the costs may be assessed on either a standard basis or an indemnity basis.
Promoting the use of alternative dispute resolution is one of the key ways in which the courts are trying to reduce the costs of litigation.
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.
Where a buyer wrongfully neglects or refuses to accept and pay for goods, the seller may bring an action for damages for non-acceptance.
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 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.
A recent Court of Appeal decision has lessons for both solicitors and non-executive directors on how to manage conflict situations.
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.