Abstract of glass image of RPC building.

Professional & Financial Risks

Blog

Relief from sanction: claimant being forced to pursue his solicitors for negligence is not desirable

Published on 23 June 2020. By Aimee Talbot, Senior Associate and Will Sefton, Partner

Green tint 2

A recent High Court decision demonstrates a common-sense, realistic approach to relief from sanctions. Solicitors might have become used to judges, when striking claims out, reassuring the claimant that they can always sue their solicitors for negligence. In a welcome judgment, Mr Justice Fancourt reversed a decision to refuse relief from sanction.

Read more
Blog

SRA powers and client legal professional privilege: Part I

Published on 23 June 2020. By Graham Reid, Legal Director, Professional Regulation

Green tint 1

Legal professional privilege gets a pretty good billing in the case-law.

Read more
Blog

Disciplinary investigations against architects #5 - Referral to Professional Conduct Committee

Published on 08 June 2020. By Emma Wherry, Senior Associate

Green tint 1

Further to our previous four articles detailing the stages of the Architect Registration Board's disciplinary process up to the Investigations Panel Stage, this article considers the steps that are taken by the ARB in order to refer the matter to the Professional Conduct Committee and the steps that an Architect may wish to take to prepare for that hearing.

Read more
Blog

The Solicitors Disciplinary Tribunal: new rules, new game?

Published on 05 May 2020. By Graham Reid, Legal Director, Professional Regulation and Thelma Ainsworth, Associate

Green tint 1

There are few things that strike fear into the heart of a solicitor more than the prospect of being sent to the Solicitors Disciplinary Tribunal. This article looks at its new rules of procedure.

Read more
Publication

COVID-19: The suspension of wrongful trading provisions and a moratorium for businesses in restructuring: what is the likely impact on Insurers?

27 April 2020

Gray tint 1

On 28 March 2020 the Business Secretary announced further new far-reaching measures to help businesses combat the financial impact of COVID-19.

Read more
Blog

Judicial guidance on listing of hearings remotely

Published on 22 April 2020. By Rhian Howell, Partner and Aimee Talbot, Senior Associate

Green tint 3

Senior judges have issued guidance to the judiciary on listing hearings in light of the current coronavirus situation. This gives litigants some clues as to how the court will approach upcoming hearings.

Read more
Blog

Disciplinary investigations against architects #4 - investigations panel stage

Published on 14 April 2020. By Sarah O'Callaghan, Associate

Green tint 1

Further to our previous three articles which provided (1) an overview of the Architect Registration Board's disciplinary process and (2) a review of the complaints stage (3) the review stage, this article explains the next stage of a disciplinary investigation against an Architect: the investigations panel stage.

Read more
Publication

Insurance broker E&O exposures: COVID-19

26 March 2020

Green tint 1

As insurers brace themselves for large volumes of notifications across all lines of business relating to Coronavirus disease 2019 (COVID-19) we expect to see a second wave of E&O notifications by insurance brokers when policyholders (businesses and individuals) find themselves without adequate cover for losses relating to the pandemic. Some insurers are already seeing a spike in such notifications.

Read more
Blog

Coronavirus/COVID-19 and the Impact on Litigation

Published on 23 March 2020. By Michelle Dean, Senior Associate and Graham Reid, Legal Director, Professional Regulation

Green tint 3

In these unusual times, we are all having to adapt our social, family and working lives to deal with an unprecedented global situation which throws up a vast number of new worries and issues to deal with. This article looks at concerns raised specifically about litigating in the current climate.

Read more
Blog

Coronavirus/COVID-19 – Regulatory Update

Published on 23 March 2020. By Michelle Dean, Senior Associate and Graham Reid, Legal Director, Professional Regulation

Green tint 4

Our lawyers' liability and regulatory team take a look at the areas of solicitors' regulation that are likely to be impacted by Coronavirus/COVID-19 and the consequent move towards working away from the office.

Read more
Blog

Beware a broad brush approach to costs assessment

Published on 10 March 2020. By Stacey Davies, Associate and Will Sefton, Partner

Green tint 2

Court of Appeal dismisses former client's objection to solicitors' invoices on assessment.

Read more
Publication

Artificial Intelligence and law firms – considerations for lawyers and insurers arising from M&A transactions

24 February 2020

Green tint

Law firms continue to broaden their reliance on artificial intelligence (AI) across different practice areas. Many are partnering with third party tech companies to develop the application of AI in corporate due diligence and contract drafting, litigation document disclosure and as an aid to predicting litigation outcomes. However do insurers really understand what challenges AI technology presents to law firms and how it might be changing their risk profile?

Read more
Blog

Disciplinary investigations against architects #3 – The review stage

Published on 24 February 2020. By Sarah O'Callaghan, Associate and Emma Wherry, Senior Associate

Untinted 4

Further to our previous two articles which provided (1) an overview of the Architect Registration Board's disciplinary process and (2) a review of the complaints stage we explain the next stage of a disciplinary investigation against an Architect, the review stage.

Read more
Blog

Bossing the rules - the SRAs enforcement strategy

Published on 21 February 2020. By Sarah Lloyd, Associate and Graham Reid, Legal Director, Professional Regulation

Untinted 5

The new SRA Standards and Regulations came into force on 25 November 2019. In this article in our 'Bossing the Rules' series, Sarah Lloyd and Graham Reid examine the SRA's enforcement strategy which sets out their approach to the new rules. Important reading for solicitors and those who insure the profession as guidance on the new rules is scarce.

Read more
Blog

CE-Filing nightmare not so scary if you act quickly…

Published on 20 February 2020. By Nick Bird, Partner and Sally Lord, Senior Associate

Untinted 4

We all know that CE-filing at court can sometimes be difficult, particularly when you are trying file documents close to the deadline. Whilst this case involves the filing of a Notice of Appointment of Administrators, this case may give solicitors comfort if something similar happens in litigation and a genuine mistake has been made in the e-filing process which, on the face of it, would mean that the document was filed out of time.

Read more
Publication

SRA v Ryan Beckwith and the regulation of the private lives of solicitors

Published on 17 February 2020. By Graham Reid, Legal Director, Professional Regulation and Charlotte Thompson, Associate

Gray tint 1

In October 2019, the Solicitors Disciplinary Tribunal (SDT) upheld professional misconduct allegations against Mr Ryan Beckwith, an ex-magic circle partner. The Tribunal’s reasons were published on 30 January 2020.

Read more
Blog

Legal advice privilege not lost by repeating the client's instructions

Published on 17 February 2020. By Will Sefton, Partner and Tom Toulson, Associate

Untinted 3

In Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd (1) Ashurst LLP (2) [2020] EWCA Civ 11, the Court of Appeal has confirmed that legal advice privilege over a client's instructions to their lawyers is not lost, merely because the client authorises their lawyers to repeat the substance of those instructions to another party.

Read more
Blog

FRC - The Final Curtain Call

Published on 13 February 2020. By Rachael Healey, Partner

Green tint 3

The FRC has released its draft budget plan and budget for 2020/21.

Read more
Blog

High Court grants proprietary injunction over Bitcoin cyber ransom payment to a third party

Published on 31 January 2020. By Bethan Griffiths, Associate

Green tint

Instances of Ransomware are becoming increasingly common. We regularly deal with these types of cases and are seeing an escalation in both the sophistication of the attacks and the ransom demands being made.

Read more
Blog

Bossing the rules: lowering the standard?

Published on 27 January 2020. By Michelle Dean, Senior Associate and Graham Reid, Legal Director, Professional Regulation

Gray tint 4

Solicitors everywhere will be concerned at the recent move of the Solicitors Disciplinary Tribunal, alongside the recent SRA Standards and Regulations reforms, to alter the standard of proof to be applied in disciplinary proceedings. This article looks at the background to the Tribunal's recent decision, the reasons for the change, and the concerns around it.

Read more
Blog

Disciplinary investigations against architects #2 - Complaints to the ARB

Published on 23 January 2020. By Sarah O'Callaghan, Associate and Emma Wherry, Senior Associate

Gray tint 5

Further to our previous article which provided an overview of the Architect Registration Board's disciplinary process, we explain the first stage of a disciplinary investigation against an Architect, the complaint stage.

Read more
Blog

Bossing the rules: Your obligations to report concerns

Published on 20 January 2020. By Michelle Dean, Senior Associate and Graham Reid, Legal Director, Professional Regulation

Green tint 3

Our lawyers' liability and regulatory team continue their series demystifying the SRA's new Standards and Regulations in this article looking at solicitors' revised reporting obligations under #StaRs Rules 7.7 and 7.8.

Read more
Blog

Part 36 – Stick, Twist…. or Stay?

Published on 13 January 2020. By James Ainsworth, Associate and Will Sefton, Partner

Untinted 5 wide

The case of Allen Campbell v Ministry of Defence [2019] EWHC 2121 (QB) provides useful guidance on the appropriate way to respond to a Part 36 offer when you are unsure of the value of the claim (and therefore the merits of the offer), in order to avoid the costs consequences of late acceptance.

Read more
Blog

Bossing the Rules: StaRs Rule 1.4: “you do not mislead anyone”

Published on 23 December 2019. By Graham Reid, Legal Director, Professional Regulation and Aimee Talbot, Senior Associate

Gray tint 1

The Solicitors’ Practice Rules 1990 (“SPR”) did not contain any express prohibition on misleading anyone; although, depending on the circumstances, such conduct was likely to have contravened the basic principles. Like today’s principles, these required solicitors not to do anything in the course of practising as a solicitor (or permit anyone to do anything on their behalf) which compromises or impairs (or is likely to compromise or impair) the good repute of the solicitor or the profession or the solicitor’s duty to the court.

Read more
Blog

Disciplinary investigations against architects #1 - the process

Published on 19 December 2019. By Ben Goodier, Partner and Sarah O'Callaghan, Associate and Emma Wherry, Senior Associate

Abstract building

In this series of articles, we explain the procedure for disciplinary investigations against architects. This article gives an overview of the process. The remaining articles will examine each stage of the process and highlight the dos and don'ts for architects unfortunate enough to be the subject of investigations. In essence, there are 4 stages.

Read more
Blog

Bossing the rules

Published on 03 December 2019. By Aimee Talbot, Senior Associate

Untinted 5

Watch out for RPC's new blog mini-series on the SRA Standards and Regulations 2019.

Read more
Blog

Costs proportionality: answers at last?

Published on 22 November 2019. By Aimee Talbot, Senior Associate

Purple tint

Practitioners have been waiting six years for authoritative guidance on how the new post-April 2013 proportionality test applies in the hope that we will be better able to predict the outcome of costs assessment and, therefore, better equipped to advise our clients. A recent Court of Appeal decision has been described as delivering this; however, it raises a number of new issues which are sure to give rise to further satellite litigation. As such, proportionality remains the great unknown.

Read more
Blog

Regulatory change as far as the PI can see

Published on 21 November 2019. By Ben Gold, Legal Director

Untinted 5

Dramatic regulatory change, and an increase in regulatory action, is affecting a number of important sectors in the professional indemnity market, as we exit 2019 and look ahead at 2020. We consider below some key points to be aware of.

Read more
Blog

The Supreme Court holds that "subsequently acquired evidence" is to be disregarded in assessing loss of chance in a DTI compensation scheme

Published on 21 November 2019. By Nick Bird, Partner and Cheryl Laird, Associate (Scottish Qualified)

Untinted 3

On 20 November 2019 the Supreme Court handed down its second 2019 judgment on loss of chance principles in Edwards v Hugh James Ford Simey Solicitors [2019] UKSC 54. It held in favour of the claimant rejecting the lawyers' argument that the issue of loss should be determined based on all of the facts available at the date of the professional negligence proceedings.

Read more
Blog

Travelers Insurance Company Ltd (Appellant) v XYZ (Respondents) [2019] UKSC 48

Published on 31 October 2019. By Nick Bird, Partner and Cristina Faro, Associate

Untinted 2

The Supreme Court has reviewed the principles concerning third-party costs orders and ruled that an insurer was not liable for uninsured claimants' costs.

Read more
Publication

Challenging extensions of time to serve writs on defendants in Hong Kong

22 October 2019

Untinted 4

In another recent high profile judgment, the High Court of Hong Kong has (in effect) sent out an important warning to plaintiffs who apply to the court for an extension of time in which to serve their writ on a defendant. On making such applications, plaintiffs must be very careful to discharge their continuing and important duty to be full and frank with the court – in particular, in the evidence filed in support of such applications, plaintiffs must specifically and clearly confirm the position regarding the limitation periods for different claims in the writ and whether any claim is time barred.

Read more
Blog

Abridged Advice and Workplace Pension Schemes - digging deeper into the FCA's Latest Pension Transfer Consultation Paper

Published on 15 August 2019. By Anthony Cutler, Associate

Purple tint 2

Now that the dust has settled on the FCA's latest Consultation Paper on Pension Transfers (CP19/25), is there more to the regulator's proposals than first met the eye?

Read more
Blog

The problem of integrity

21 June 2019

Purple tint 1

Integrity is beginning to look like the indispensable quality that we could all do without.

Read more
Blog

Lost chances à la Moda

Published on 04 June 2019. By Graham Reid, Legal Director, Professional Regulation and Nick Bird, Partner

Green tint 2

Lost chance case-law has come a long way since the ground-breaking decision in Allied Maples. One of its more interesting offshoots is the case of Moda International Brands Ltd v Gateley LLP & Anor. Moda is required reading for any firm of solicitors who wants to defend a lost chance claim arising from its transactional work for a claimant.

Read more
Blog

What’s gone wrong with putting things right?

Published on 21 May 2019. By Graham Reid, Legal Director, Professional Regulation and Nick Bird, Partner

Purple tint 1

Solicitors are becoming concerned about their ability to put things right when they make mistakes. We do not consider that much has changed in this area. It is as important as it has always been for a solicitor to realise if he or she has made a mistake and to think carefully about how to remedy it. This is not an easy task. We hope this article will assist in guiding solicitors and their insurers through this complex area.

Read more
Publication

Court of Appeal considers the test for dishonest assistance following Ivey

25 April 2019

Purple tint 2

In Group Seven v Notable Services LLP the Court of Appeal considered and applied the two stage test of dishonesty set out by the Supreme Court in Ivey v Genting in a claim for dishonest assistance in a breach of trust by various members of a legal disciplinary practice.

Read more
Publication

Audit profession – a year of reflection

25 March 2019

Abstract building

In this legal update we look back at some of the key developments for the audit profession in 2018 and consider what the rest of 2019 may hold for the industry.

Read more
Blog

Judge makes alarming comments about validity of standstill agreements in Inheritance Act claims

Published on 12 March 2019. By Aimee Talbot, Senior Associate and Rhian Howell, Partner

Untinted 3

In a recent judgment, the High Court has cast doubt on the extent to which the court will recognise standstill agreements in applications under the Inheritance (Provision for Family & Dependents) Act 1975.

Read more
Blog

Law Society introduces new Code for Completion by Post

Published on 04 March 2019. By Tom Toulson, Associate and Will Sefton, Partner

Purple tint 2

Conveyancing practitioners need of course to familiarise themselves with the new Code, in advance of its implementation date of 1 May 2019. Following Dreamvar, the new Code underlines the fact that the burden of detecting fraudulent sellers falls squarely on the sellers' solicitors.

Read more
Blog

Supreme Court Refuses to allow a Claim against Lawyers for Loss of a Dishonest Claim

Published on 13 February 2019. By Nick Bird, Partner and Will Sefton, Partner

Abstract building

On 13 February 2019 the Supreme Court handed down judgment in its first decision on loss of chance principles for 14 years (in Perry v Raleys Solicitors [2019] UKSC 5).

Read more
Blog

SAAMCo and BPE re-affirmed: the proper approach to loss in professional negligence cases

Published on 31 January 2019. By Nick Bird, Partner and Tom Toulson, Associate

Gray tint 5

A recent Court of Appeal decision reaffirms the importance of the "information" and "advice" categories when considering the losses for which a professional should be held liable.

Read more
Blog

Four UK financial crime compliance predictions for 2019

Published on 15 January 2019. By Sam Tate, Partner

Untinted 5

Last week we published our "UK white-collar crime enforcement predictions for 2019". This week, it is the turn of financial crime compliance.

Read more
Blog

Four UK white collar crime predictions for 2019

Published on 08 January 2019. By Sam Tate, Partner and Toby Lamarque, Managing Consultant - Regulatory and Financial Crime

Untinted 4

The coming year presents itself as particularly unpredictable for white collar crime enforcement in the UK, given the shadow of Brexit, changes of staff at the SFO and a series of long-standing cases due for resolution. Nostradamus would struggle, but, nevertheless, here is RPC's forecast of what to expect in 2019.

Read more
Blog

LSB approves SRA’s revolution in legal services regulation

Published on 07 November 2018. By Graham Reid, Legal Director, Professional Regulation

Green tint 4

The Solicitors Regulation Authority’s new regulatory arrangements were approved by the Legal Services Board on 6 November 2018. Part of the changes will allow solicitors of England & Wales to sell legal advice to the public from within unregulated firms, as long as they steer clear of reserved legal activities such as conveyancing and litigation. These firms will not be regulated by the SRA and will not need to take out full SRA-mandated professional indemnity insurance. These new kinds of legal practice offer unique opportunities for competition with big law firms, and for in-house legal teams to be converted from a cost to a profit centre. RPC has exceptional degree of experience in advising on innovation in the the provision of legal services.

Read more
Blog

Court of Appeal enforces fraudster’s claim against lawyers

Published on 08 October 2018. By Nick Bird, Partner

Green tint 2

In Stoffel & Co v Maria Grondona the Court of Appeal applied Lord Toulson’s judgment in Patel v Mirza to permit a fraudulent mortgagor to enforce her claim against her conveyancing solicitors. There may though be stronger grounds for the defence in other claims against professionals.

Read more
Blog

Section 14A, don't delay!

Published on 24 May 2018. By Aimee Talbot, Senior Associate

Untinted 5

The Court of Appeal has upheld a judge's decision to deal summarily with a dispute as to the claimant's date of knowledge under s14a Limitation Act 1980. The judgment also contains a handy summary of the key law in the area.

Read more
Blog

Dreamvar and identity fraud in conveyancing transactions

Published on 17 May 2018. By Graham Reid, Legal Director, Professional Regulation

Gray tint 5

The issue at stake in the combined appeals of Dreamvar (UK) Ltd v Mishcon de Reya and P&P Property Ltd v Owen Catlin LLP was a fairly fundamental one, namely: “Who ought to bear the risk of loss when a fraudster pretends to sell a property?”

Read more
Blog

Professional negligence adjudication – it's all part of the Protocol

Published on 04 May 2018. By Cristina Faro, Associate and Will Sefton, Partner

Untinted 4

On 1 May 2018, an amendment to the Professional Negligence Pre-Action Protocol saw a further attempt to encourage parties to use the professional negligence adjudication scheme first devised as a pilot scheme in February 2015.

Read more
Publication

Asset management market study update

10 April 2018

Purple tint 3

On 5 April 2018 the FCA published proposals to address concerns identified in its asset management market study

Read more