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Professional & Financial Risks

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Who dares pays

Published on 06 November 2014. By Jonathan Wyles, Legal Director

In Excalibur Ventures LLC v Texas Keystone Inc & Others [2014] EWHC 3436 the Commercial Court has given a warning to third party funders that they can be liable to pay the costs of the winning party where they fund a hopeless case.

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Supreme Court ruling in eagerly awaited "sale and rent back" test case

03 November 2014

The Supreme Court faced the time honoured question of what happens in a fraudulent transaction where there are two innocent parties with competing claims…

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Court's firm stance refusing to extend valuer's duty of care in tort beyond his contractual duty

Published on 28 October 2014. By Helene Lee, Legal Director

In the case of Freemont (Denbigh) Ltd v Knight Frank LLP [2014] EWHC 3347 (Ch), a landowner instructed a valuer to prepare a valuation report for a plot of land.

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FCA approves 'independent' use of internal specialist advisers

Published on 17 October 2014. By Sarah Dowding, Senior Associate

Ever since RDR 'independence' rules were introduced nearly two years ago, financial advisers have sought clarification on referring clients to internal specialists within their firm for expert advice.

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Don't (Calder) bank on an analogy to the Part 36 regime

Published on 10 October 2014. By Laura Stocks, Senior Associate

When a party makes a Part 36 Offer, the consequences are clear. The rules and sanctions for failure to beat a Part 36 Offer are set out in the Civil Procedure Rules.

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Ammunition for Defendants: Claimants may have to waive privilege to prove mitigation

30 September 2014

The High Court recently found in a solicitors negligence claim that a claimant acted unreasonably in (1) settling an arbitration and then (2) refusing to waive privilege such that the Court could assess the reasonableness of the settlement.

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SRA's compensation fund to provide cover for negligence claims against uninsured firms

Published on 29 September 2014. By Philip McCormack, Associate

A recent article in Legal Futures suggests that it will cost contributors to the SRA's compensation fund £2.5m in the 2014/15 year in order to cover negligence claims against uninsured firms following the ARP's closure last September.

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Brokers' Duties – Business Interruption

Published on 23 September 2014. By Ben Goodier, Partner

Whilst not exactly a reason for brokers to jump for joy, the recent case of Eurokey Recycling Limited v Giles Insurance Brokers Limited has at least reversed the trend of brokers' duties becoming more onerous with each reported case.

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Supreme Court: Insurers counting the costs of negligent will drafting

19 September 2014

Insurers beware: where limited funds are available in an estate and there has been a dispute caused by solicitor negligence over a will then the usual 'loser pays' rule may not apply...

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Slapdash SIPPs told to sharpen up by FCA

15 September 2014

SIPP Operators have repeatedly been in the headlines since the FCA completed its second thematic review in 2012.

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