Related insights: Insurance Disputes
A claims handler's guide to liquidated damages in construction disputes
26 Apr 2023
Liquidated and Ascertained Damages ("LADs") clauses are a standard feature in construction contracts. They require a contractor or sub-contractor to pay a pre-determined sum to the employer in the event of delay or other default. Not only do they focus parties' minds on completing projects on time but they offer a degree of certainty by defining contractors' liability in the event of a delay, potentially avoiding complex litigation. We look at key issues to be considered in assessing a claim for LADs and arguments which can be deployed in defending the same.
Wasted costs not a vehicle for applications akin to complex professional negligence claims
07 Mar 2023
On 2 March 2023, the Commercial Court handed down a judgment which will be a helpful precedent for those defending wasted costs applications which are effectively a vehicle for an application akin to complex professional negligence claims: King & Ors v Stiefel & Ors. The judgment considers the circumstances in which the court should make a wasted costs order in favour of one party to litigation against the legal representatives of the other and affirms that wasted costs orders should be limited to straightforward cases which can be dealt with summarily. The judgment also confirms that the findings of a judge in an earlier decision from which the wasted costs application arises do not bind a legal representative defending the wasted costs application and are not immune from criticism, on the basis of collateral attack. WBD's Simon Beckwith (who instructed John Taylor KC and Nathalie Koh of Fountain Court Chambers) acted for the successful barrister.
WBD appoints new Head of Claims
18 Jan 2023
International law firm Womble Bond Dickinson (WBD) has strengthened its UK-wide insurance offering with the appointment of Robert Holme, a highly experienced insurance practitioner, who joins the firm's London office as Head of Claims.
Professional negligence: 2022 in review
15 Dec 2022
As the festive season rolls in and the year draws to a close, Womble Bond Dickinson's insurance team has been reflecting on some of the interesting professional negligence cases of 2022.
Navigating third party rights
14 Dec 2022
The extent to which a claimant is entitled to enforce rights against the insurer of an insolvent entity is likely to become a key battleground for insurers over the coming months and years, particularly as the economic impacts of Brexit, COVID and the costs of living/business crises truly begin to bite.
Solicitors' retainers – avoiding unwanted liabilities
07 Dec 2022
It can be a temptation for firms to start work and to advise clients before having set up a proper retainer with that client. A recent case has examined the circumstances in which a solicitor might potentially incur a liability before entering into such a retainer. Fortunately the solicitor was held not have owed any duty to the client but there are lessons for practitioners to learn from the decision.
A solicitors' lien and the right to withhold client papers - how far is too far?
29 Sep 2022
When professionals fall out with their clients, fees don’t get paid and professional negligence claims often follow. Regardless of who sues who in those circumstances, the pleadings will reflect the professional seeking to recover its unpaid fees and the client seeking to recover damages in negligence.
All I want for Christmas is… increased fining powers and a high degree of costs immunity
25 Aug 2022
It may not feel like Christmas at the moment but the Solicitors Regulation Authority (SRA) may disagree in light of two recent regulatory developments. We consider how these developments will impact the legal profession and its professional indemnity insurance inside and outside of the Christmas period.
Solicitors' liability for "one-off" requests
27 Jul 2022
The extent of a solicitor's duty to advise is a question which exercises those defending professional negligence claims and their insurers. What is a solicitor's duty when responding to "one-off" requests for information or advice on questions which are incidental to the retainer or even where there is no retainer?
The view from across the river - WBD Claims: When Womble Bond Dickinson met Virtualfiles
22 Jun 2022
With the ever increasing demands around workflow, automation and data collection in claims handling, having state of the art and fully supportive claims technology is integral. WBD Claims aims to be innovative and ahead of the field in this area. Our offering is powered by Virtualfiles – a market-leading claims management platform. It allows us to meet all of our clients' requirements around claims handling.
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