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Insurance and Reinsurance

Publication

The proof of the pudding is in the eating

Published on 23 November 2016. By Catherine Percy, Partner and Alice Wilson, Senior Associate

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Insureds can have their cake but only if they eat it too

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Publication

A new and better approach to claims against financial advisers?

Published on 03 October 2016. By Robert Morris, Partner

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A Judge has found in favour of Coutts in a claim for negligent investment advice for just under £3.3m plus interest. The Judge’s findings are of interest given that he refused to assess whether the investments recommended were suitable for the Claimants according to a body of accepted professional opinion (the so called “Bolam Test”). Instead, the Judge focused on whether the risks of the investments were properly explained to the Claimants, whether they could afford to take such risks and showed themselves willing to do so.

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Publication

Changing experts - a risky business

Published on 07 September 2016. By Alan Stone, Partner

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The recent case of Allen Tod Architecture Ltd (In Liquidation) v Capita Property and Infrastructure Ltd (previously known as Capita Symons) provides a timely reminder of the risks of changing experts. In this case, the Defendant made an application for specific disclosure of documents prepared by the Claimant’s first expert. The High Court held that privilege in such documents should be waived and the documents should be disclosed where a party seeks to rely upon the evidence of an alternative expert.

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Publication

Life sciences, August 2016

11 August 2016

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Here is our latest life sciences update. Read on for practical tips on the Insurance Act 2015, the implications of the NHS wading into the debate over diagnostic apps, how Brexit may affect medical regulations and impending litigation over fertility treatment. Some of these topics will be addressed in more detail in our next life sciences seminar on 20 September 2016. To register your interest, please email seminars@rpc.co.uk.

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Publication

Offer rejected by counter-offer - a cautionary tale

09 August 2016

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Non-Part 36 offer not capable of acceptance once rejected by a Part 36 counter offer

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Publication

Product Liability Update August 2016

04 August 2016

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In this Update we take a look at some of the recent stories making the news, from electrical fires to mislabelled fishcakes.

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Publication

Read with "interest" - Part 36 offers

04 August 2016

In many cases it will be easy to determine whether a claimant has beaten their Part 36 offer and accordingly whether they are entitled to the additional benefits provided for under CPR 36.17(4). Sometimes, however, because of the interest accruing on damages between the date of the Part 36 offer and the judgment date, the judgment sum only exceeds the Part 36 offer by a small amount. If this happens, what are the consequences?

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Publication

Winning the battle but losing the war

22 July 2016

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We have previously commented on the need for claimants to establish all elements of a claim (duty, breach, causation and loss) if they want to achieve more than a Pyrrhic victory. The case of Mortgage Express v Countrywide Surveyors Limited provides another example of this, but with a slightly different twist.

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Publication

Tiuta International Ltd (in liquidation) v De Villiers Surveyors

06 July 2016

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The Court of Appeal recently overturned a first instance decision in an application for summary judgment in the matter of Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd [2006] EWCA Civ 661

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Publication

Costs - issue at your peril

12 May 2016

A recent decision re-emphasises the costs risks a claimant faces if it issues proceedings but does not serve them.

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