Related insights: Insurance Litigation
Employers' liability claims for COVID-19 in the workplace: are the floodgates opening?
25 Jun 2020
The coronavirus pandemic is likely to throw up some interesting challenges for employers and their liability insurers. How are the courts likely to approach the novel situation where employees may seek to claim for injuries arising through exposure to COVID-19 in the workplace, and how can employers and their insurers take steps to protect themselves from a tidal wave of claims?
Supreme Court rules on causation in valuers' negligence
02 Jan 2018
Case report: Tiuta International Limited (in liquidation) (Respondent) -v- De Villiers Surveyors Limited (Appellant) [2017] UKSC 77. In a welcome decision for valuers and other professionals, the Supreme Court has re-affirmed the primacy of the 'but for' causation test.
What's in a name? Adding new parties after the expiry of the limitation period
16 May 2017
The recent Court of Appeal decision in Godfrey Morgan Solicitors (a Firm) v Armes [2017] EWCA Civ 323 demonstrates how critically important it is to identify the correct name of the entity you want to sue.
Solicitors: who owns your file?
05 Apr 2017
The Law Society has recently issued a new practice note on the sometimes vexed question of ownership of a solicitor's file, drawing together the strands of previous piecemeal guidance.
Supreme Court confirms limitations on scope of solicitors' duties
04 Apr 2017
Solicitors and their insurers will welcome the recent Supreme Court decision on the scope of solicitors’ duties (BPE Solicitors v Hughes-Holland[1]). Previously the Court of Appeal had decided that the investor's whole loss was attributable to his commercial misjudgments, and as such the solicitors were not liable for the loss. The Supreme Court has upheld this decision and provided useful guidance on analysing the scope of solicitors' duties in claims of this nature.
Common sense prevails as Supreme Court hands down aggregation decision
22 Mar 2017
The Supreme Court has today handed down its judgment in AIG Europe Limited (Appellant) v Woodman and others (Respondents). Both insurers and buyers of professional indemnity insurance breathe a sigh of relief as the Court of Appeal's decision, which would potentially have caused the cost of professional indemnity insurance to rocket, is overturned.
Solicitors' risk management - Don't tell the taxman
09 Feb 2017
Solicitors who advise clients on the establishment of offshore companies or trusts may soon receive a letter from HMRC asking for information about their beneficial ownership. These letters are likely to be followed by a formal Notice seeking further information about the client and anyone with beneficial ownership in the company or trust under Schedule 23 to the Finance Act 2011.
Contributory Negligence and Pedestrians
11 Jun 2015
Those handling motor injury claims recognise that it is rare for a Court to find more than 50% contributory negligence against a pedestrian struck by a car or other motor vehicle. Apportionment is, generally speaking, in favour of the injured pedestrian.
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