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Professional & Financial Risks

Blog

New Guidance on when lawyers can attend an SFO section 2 interview

Published on 18 August 2016. By James Wickes, Partner

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On 6 June 2016, the SFO issued 3 short guidance notes to replace the Operational Handbook that had previously governed interviews under Section 2 of the Criminal Justice Act 1987 (Section 2).

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The unexpected effect of Brexit on Part 36 offers

05 August 2016

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Insurers may need to check the adequacy of any Part 36 offer they have made in claims where the claimant seeks damages in a foreign currency and may also need to reconsider whether to accept any Part 36 offer made by a claimant in such a case. This is particularly so where the Part 36 offer was made in sterling.

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High Court encourages use of FOS to resolve disputes

24 June 2016

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The Commercial Court has encouraged the use of the FOS to resolve disputes, by granting a stay to enable claimants to benefit from what it described as a more economical and informal process.

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Professional negligence claims set for adjudication

Published on 10 June 2016. By Tom Lloyd, Senior Associate

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The "new" Third Parties (Rights Against Insurers) Act and late payment of insurance claims

Published on 06 May 2016. By Robert Morris, Partner

After a delay of just six years, it was finally confirmed this week that the Third Parties (Rights Against Insurers) Act 2010 will come into force on 1 August 2016.

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Mining for claims: a year on from Proctor v Raleys

Published on 06 May 2016. By Claire Revell, Senior Associate

A year has now passed since the Court of Appeal's decision in Proctor v Raleys, a judgment which highlighted the difficulties defendant solicitors will face in stating that they gave sufficient advice if the advice they gave was contained in precedent letters and questionnaires (especially if they didn't actually meet the client, as was the case with the unfortunate Mr Raley).

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Getting the lie of the land: Conveyancers liable to Land Registry for mortgage fraud

Published on 27 April 2016. By Claire Revell, Senior Associate

Hot on the heels of the decision in Purrunsing v A'Court & Co (in which the High Court found conveyancers on both sides of a property fraud to be liable for the loss suffered by the buyer) comes another blow for property solicitors in the High Court decision in Chief Land Registrar v Caffrey & Co.

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Court refuses s61 relief in claim by buyer against seller's solicitors

Published on 26 April 2016. By Aimee Talbot, Associate

In a decision handed down earlier this month, the High Court in Purrunsing -v- (1) A'Court & Co. (a firm); (2) House Owners Conveyancers Limited [2016] EWHC 789 refused relief under section 61 Trustee Act 1925 to a firm of solicitors and a firm of licensed conveyancers who acted in the sale of a property by a fraudster.

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Cybersecurity – not just a small firm matter

Published on 20 April 2016. By Daniel Guilfoyle, Senior Associate

Law firms are increasingly becoming the target of Cybercriminals, driven by a perception that the industry's attempts to address security measures still lag behind other professional sectors.

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Here today, gone tomorrow – Calderbank offers and costs protection

Published on 13 April 2016. By Aimee Talbot, Associate

A recent case highlights a mistake to avoid when trying to obtain costs protection from Calderbank offers.

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