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Our lawyers contribute regularly to industry and legal journals in addition to writing legal briefings, newsletters and case reports for clients and contacts. All of our articles are free to read and download here.
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Business shutdowns and COVID – Is the Supreme Court’s BI judgment really the salvation to UK business that the media would have us believe?
January 2021The recent and much anticipated judgment of the Supreme Court in the FCA Business Interruption (BI) test case has been extensively considered in the legal and insurance press. The case has confirmed Insurers’ obligation to provide cover for many non-damage BI insurance claims arising from the Covid 19 pandemic. But is it really the salvation… Read More >
Kelly -v- Meegan and Smith -v- Hanaphy
January 2021Two recent decisions of Justice Barton in the High Court have provided some helpful guidance as to the correct approach to be applied to the assessment of liability in RTA claims where there is a dispute between the parties as to the precise circumstances of the accident (in particular in the context of head-on and… Read More >
Large v Hart – Assessing loss in surveyors negligence claims
January 2021In the recent case of Large v Hart [2021]¹, the Court of Appeal considered the correct measure of loss in a surveyor’s’ professional negligence claim. At first glance, the case suggests a departure from well-established principles of assessing loss; ultimately, however, it is evident from the judgment that much turned on the unusual facts of… Read More >
Percy v White – solicitors’ negligence and contribution claims
January 2021The recent High Court case of Percy v White¹ considers contribution proceedings brought by a firm of solicitors against a barrister instructed to act in relation to a commercial dispute. It provides interesting confirmation of the basis on which a party can bring a contribution claim and offers guidance as to the apportionment of liability… Read More >
Insurers paying ransomware demands
January 2021The BBC reported this week on the ABI’s defence of the practice of insurers paying ransomware payments under cyber policies (https://www.bbc.co.uk/news/technology-55811165). This followed comments by the former head of the National Cyber Security Centre that insurers were ‘funding organised crime” by paying ransomware demands and his call for a change in the law to ban… Read More >
Updated: The Solicitors Minimum Terms – time for a change?
January 2021The past twelve months have witnessed unprecedented challenges, and the economic pressures brought on by Covid 19, Brexit and the threat of a long economic recession have all taken their toll. And, in the context of the solicitors’ professional indemnity (“PI”) insurance market, these pressures are being felt particularly keenly. The Solicitors Regulation Authority (SRA)’s… Read More >
Global Vantage – Building with Biden: The American construction industry post-Trump
January 2021On 20th January 2021, Joe Biden became the President of the United States. Antony Smith considers what the Biden administration could have in store for the American construction industry in our latest Global Vantage article. From impeachment to insurrection, the Presidential election season has been fraught with controversy. With that mind, you could be forgiven… Read More >
The Solicitors Minimum Terms – time for a change?
January 2021The past twelve months have witnessed unprecedented challenges, and the economic pressures brought on by Covid 19, Brexit and the threat of a long economic recession have all taken their toll. And, in the context of the solicitors’ professional indemnity (“PI”) insurance market, these pressures are being felt particularly keenly. The Solicitors Regulation Authority (SRA)’s… Read More >
Standard Life Assurance Limited v Gleeds – 1, 2 … skip a few… 99, 100!
January 2021The Technology and Construction Court (TCC) has recently offered guidance on the resolution of disputes involving thousands of different instructions/variations (where it is impractical to consider more than a given number). In this article Giles Tagg and Cameron Grant consider the interesting outcome in the case of Standard Life Assurance Limited v Gleeds (UK) and… Read More >
To mediate or not to mediate? – Patel v Barlow & Ors (No 2)
January 2021A party’s obligation to agree to mediation is a common issue of debate, as is the extent to which it should be penalised on costs for any refusal to mediate a claim. The recent case of Patel v (1) Barlows Solicitors & (2) Paul Stanley & Paul Barber¹ provides useful guidance on this point. Mr… Read More >