Abstract of glass image of RPC building.

Professional & Financial Risks

Blog

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.

Read more
Blog

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...

Read more
Blog

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.

Read more
Blog

No reason to delay October 2014 renewal for solicitors

Published on 09 September 2014. By Tina Campbell, Senior Associate

This is traditionally a busy time of year for insurers, brokers and law firms in the run up to the 1 October deadline for securing professional indemnity insurance cover.

Read more
Blog

The Insolvency Service Complaints Gateway – first year report card

Published on 08 September 2014. By Rachael Healey, Legal Director

In June 2013 the Complaints Gateway was established to provide a single entry point for regulatory complaints against insolvency practitioners.

Read more
Blog

The perils of skiing, reduced bonuses and missed deadlines

26 August 2014

The High Court has recently revisited how loss of chance damages will be quantified in professional negligence claims.

Read more
Blog

Denton v White guidance applied

26 August 2014

In little more than a month since the Court of Appeal handed down its judgment ...

Read more
Blog

Ensuring that where there's a Will, the right way is adopted – and by the right person

26 August 2014

The Law Society Gazette has recently reported that claims for mishandling a deceased's estate have more than tripled over the last year, according to figures released by the High Court.

Read more
Blog

Solicitors beware! Fraudsters want your client account!

Published on 24 July 2014. By Jonathan Wyles, Legal Director

A solicitor's client account has long been a target for fraudsters.

Read more
Blog

Court to give clarity on Mitchell?

12 June 2014

In order to try and provide much needed clarity on the effects of the Mitchell case on case management, Lord Dyson, the Master of the Rolls, is set to hear three appeals over two days on 16 and 17 June in respect of:

Read more
Blog

Arck advice could lead to a flood of claims

Published on 15 May 2014. By David Allinson, Senior Associate

There have been some recent developments in the on-going saga involving Arck LLP, Yorkshire bank and around 400 disgruntled investors.

Read more
Blog

Net contribution Clause: Court of Appeal Guidance

11 April 2014

The recent Court of Appeal decision in West v Ian Finlay and Associates has confirmed that a properly drafted net contribution clause ("NCC") is a valid and enforceable contractual term.

Read more
Blog

Court of Appeal confirms no general duty to advise on sophisticated tax planning

Published on 25 March 2014. By Robert Morris, Partner

Last year the High Court's decision in Mehjoo v Harben Barker gave rise to plenty of lurid headlines.

Read more
Blog

Litigation privilege in liquidations

Published on 11 March 2014. By Robert Morris, Partner

The recent Court of Appeal decision in Rawlinson and Hunter Trustees SA & others v Akers & another [2014] serves to emphasise that third party reports commissioned by liquidators to enable them to consider whether litigation should be commenced ...

Read more
Blog

Annuities – what next for providers and advisers?

Published on 21 February 2014. By Rachael Healey, Legal Director

The FCA has published its of Thematic Review of Annuities having conducted a substantive review of the annuity market.

Read more
Blog

When is a solicitor acting as a solicitor?

Published on 20 February 2014. By Rachael Healey, Legal Director

The High Court has recently given some guidance on whether, when operating its client account, a firm is acting in its capacity as a solicitor.

Read more
Blog

Mitchell: No excuse for a 'common sense' blind spot

19 February 2014

A recent decision by Mr Justice Stuart-Smith in the TCC in The Governor & Company of The Bank of Ireland -v- Philip Park Partnership illustrates that it is possible to push strict emphasis on CPR compliance too far.

Read more
Blog

FOS is the one and only

14 February 2014

After what has felt like an interminably long wait, the Court of Appeal has today allowed the appeal in Clark v In Focus.

Read more
Blog

SEC ups the ante on audits of Chinese companies listed in US

Published on 13 February 2014. By Robert Morris, Partner

In its "Initial Decision" No. 553, a US Securities and Exchange Commission administrative law court recently concluded that the Chinese affiliates of five international accounting firms breached section 106 of the US Sarbanes-Oxley Act 2002 ...

Read more
Blog

No way out

Published on 27 January 2014. By Jonathan Wyles, Legal Director

If there was ever any doubt about the determination of judges to follow the Court of Appeal's decision in Mitchell v NGN [2013] EWCA Civ 1537, cases since then have shown that they are at least taking heed of the warning delivered by the Master of the Rolls.

Read more
Blog

RICS UK Valuation Commission Report

Published on 24 January 2014. By Alexandra Anderson, Partner

Today sees the launch of the RICS UK Valuation Commission Report.

Read more
Blog

Now do as you are told!

Published on 17 January 2014. By Alexandra Anderson, Partner

In the case of Thavatheva Thevarajah -v- John Riordan and Others, the Court of Appeal has once again made clear that, if you fail to follow directions for a claim, you will be penalised.

Read more
Blog

Architect's negligence: Strike Out Application fails to determine limitation position

10 January 2014

Edwards-Stuart J recently held in Venulum Property Investments Ltd v Space Architects Ltd & 5 Ors (2013) that it was not appropriate to decide the limitation issues via a strike out application in the absence of full evidence.

Read more
Blog

Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc

06 December 2013

Court of Appeal - 29 November 2013

Read more
Blog

You have been warned - comply or else!

Published on 27 November 2013. By Jonathan Wyles, Legal Director

On 27 November 2013 the Court of Appeal handed down its eagerly awaited judgment in Mitchell v News Group Newspapers [2013] EWCA Civ 1526.

Read more
Blog

Mediate or be damned

Published on 24 October 2013. By Alexandra Anderson, Partner

In a landmark decision released yesterday, the Court of Appeal has upheld the decision to deprive a Defendant of part of its costs, for failing to respond to repeated requests to mediate, even though it made a Part 36 offer which the Claimant failed to accept until just before trial.

Read more
Blog

Interest rate hedging products: mis-selling - Update on Green v Royal Bank of Scotland

22 October 2013

The Court of Appeal recently published its judgment in Green v Royal Bank of Scotland Plc [2012] EWHC 3661 QB, the first decided case concerning the alleged mis-selling of Interest Rate Hedging Products ("IRHPs").

Read more
Blog

Update on Clark v In Focus appeal

22 October 2013

The landmark appeal in Clark v In Focus is today being heard by the Court of Appeal, who will decide whether a complainant can accept an award at FOS and then sue for the balance through the courts.

Read more
Blog

Ministry of Justice's call for evidence leads to cry for fully independent regulation from SRA

Published on 07 October 2013. By Katherine Roberts, Senior Associate

The Solicitors Regulation Authority (SRA) has responded to the Ministry of Justice's (MoJ) call for evidence on the regulation of legal services in England and Wales demanding truly independent regulation.

Read more
Blog

Is sunlight a nuisance?

Published on 04 September 2013. By Jonathan Carrington, Senior Associate

Reports that sunlight reflecting from the unusually shaped "Walkie Talkie" building at 20 Fenchurch Street in London has melted parts of a Jaguar motor-vehicle parked on Eastcheap Street raises an interesting question whether reflected sunlight or heat from a building is actionable in law.

Read more
Blog

Tax avoidance – the beginning of the end?

Published on 21 August 2013. By Rachael Healey, Legal Director

Last week HMRC published a consultation document entitled "Raising the stakes and tax avoidance".

Read more
Blog

First reported vibration white finger professional negligence claim brings white knuckle decision to those advising defendants

06 August 2013

The first reported professional negligence case arising out of under-settlements for former miners in the government's vibration white finger ("VWF") compensation scheme has recently come to trial.

Read more
Blog

Competition Commission releases proposed remedies on the supply of statutory audit services

25 July 2013

Earlier this week the Competition Commission ("CC") published its provisional decision on the remedies it is considering introducing when it publishes its final report on the supply of statutory audit services to large companies in the UK.

Read more
Blog

Proposals to increase claims against directors

Published on 16 July 2013. By Ben Gold, Legal Director

We note with interest the Government's Discussion Paper, 'Transparency & Trust: Enhancing The Transparency of UK Company Ownership And Increasing Trust in UK Business', published yesterday.

Read more
Blog

Flood risk insurance: disaster averted?

27 June 2013

In a press release co-ordinated with the Government's announcement to Parliament on 27 June 2013 on infrastructure spending ...

Read more
Blog

Guillotine for ATE/CFA recoverability?

25 June 2013

A Law Society Gazette report emanating from a recent conference suggested that introduction of a six month time limit is under consideration by MOJ for recoverability of CFA/ATE premiums entered into prior to the 1 April cost reforms.

Read more
Blog

Insurer collapse adds to mounting financial pressures within the legal sector

Published on 19 June 2013. By Sally Lord, Associate

Latvian insurer Balva announced yesterday that it has called in liquidators, leaving approximately 1,300 firms of solicitors across England and Wales effectively without PI insurance cover.

Read more
Blog

Redress for unsuitable mortgage advice set to increase as Court of Appeal upholds High Court decision in Emptage v Financial Services Compensation Scheme

Published on 18 June 2013. By Robert Morris, Partner

The Court of Appeal has today dismissed the appeal in the case of Emptage v Financial Services Compensation Scheme.

Read more
Blog

Substantial delays and the FOS - R (on the application of CALLAND) v FINANCIAL OMBUDSMAN SERVICE LTD (2012)

Published on 13 June 2013. By David Allinson, Senior Associate

The court has recently decided that a six and a half year delay between the FOS receiving a complaint from an investor and making a final decision against an IFA did not breach the IFA's rights under Article 6 of the ECHR.

Read more
Blog

Flood risk insurance open market – countdown to 31 July

06 June 2013

In less than 8 weeks a substantial number of properties may suffer significant loss of capital value if their owners are no longer be able to obtain flood risk insurance.

Read more
Blog

When the going gets tough, the tough must keep their standards….

Published on 06 June 2013. By Sally Lord, Associate

The Solicitors Regulation Authority (SRA) yesterday warned solicitors of the danger of the non-compliance trap in tough financial times.

Read more
Blog

CPR3.9 Refusal of relief from sanction - solicitors negligence claim now pending

Published on 31 May 2013. By Sally Lord, Associate

In Venulum Property Investments Ltd v Space Architecture Ltd & Ors, an application was made for permission to extend time for service of the Particulars of Claim as a result of the Claimant's solicitors misreading the relevant rule and failing to serve the Particulars within time.

Read more
Blog

Interest Rate Hedging Products Mis-selling Update

Published on 30 May 2013. By James Wickes, Partner

(The following article by Simon Greenley/James Wickes was first published in Insurance Day (www.insuranceday.com) on 30 May 2013).

Read more
Blog

Unravelling Transactions – The Party's Over

Published on 13 May 2013. By Simon Laird, Global Head of Insurance

The Supreme Court upheld the Court of Appeal's decision in Futter v Futter and Pitt v Holt as to the scope of the rule In re Hastings-Bass, but has overturned the Court of Appeal's decision on the application of mistake in Pitt.

Read more
Blog

"Transition management" – possible notifications from FCA investigations

Published on 09 May 2013. By James Wickes, Partner

It has been reported in the FT overnight that the FCA is swooping on the London offices of the world’s biggest banks and asset managers in a new probe aimed at a widespread (and reportedly lucrative) type of business known in the industry as "transition management".

Read more
Blog

Causation Basics: The breach must cause the loss

Published on 07 May 2013. By Sally Lord, Associate

In the recent case of Clack v Wrigley Solicitors LLP, the Courts have reaffirmed the principles set down in SAAMCO and Nykredit; liability for loss is limited to the loss attributable to the misconduct.

Read more
Blog

Even Consumers Can Forfeit Their Rights For Breach of Policy Conditions

Published on 03 May 2013. By Ben Gold, Legal Director

The judgment of Teare J in Parker v National Farmers Mutual [2012] EWHC 2156 (Comm) is worthy of note on a number of fronts, but particularly with regard to the judge's application of ICOBS 8.1, under which an insurer cannot unreasonably reject a consumer policyholder's claim.

Read more
Blog

Prosecuting "insider dealing" in Hong Kong

Published on 30 April 2013. By David Smyth, Senior Partner, Hong Kong

Hong Kong's top court expected to confirm there is a "third way"

Read more
Blog

Professional indemnity insurers urged to robustly defend growing number of cases

Published on 26 April 2013. By Robert Morris, Partner

There has been a spate of professional negligence claims lodged against the promoters of tax avoidance schemes following a clampdown on these schemes by HM Revenue & Customs (HMRC), as we have recently noted in the Financial Times.

Read more
Blog

US Auditor Scandal Intensifies Calls for Tougher Regulation

22 April 2013

The recent revelation that a partner in KPMG leaked insider information in exchange for cash and gifts may intensify calls for a shake-up in the regulation of auditors, especially in the US.

Read more