The death of “forensic prestidigitation” in construing commercial contracts? Towergate Financial (Group) Ltd and others v Clark and others – Hardwicke Chambers

Posted May 26th, 2020 in appeals, chambers articles, contracts, indemnities, interpretation, news by sally

‘Judgment in Towergate Financial (Group) Ltd and others v Clark and others was handed down on 24 April 2020 in this interesting case that turned upon the correct construction of a notice clause in a share purchase agreement (SPA).’

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Hardwicke Chambers, 13th May 2020

Source: hardwicke.co.uk

Avoidance Of Insurance Policy Due To Unintentional Non-Disclosure Clause: Acorn Finance Limited v Markel (UK) Ltd [202] EWHC 922 Considered – Park Square Barristers

Posted May 19th, 2020 in chambers articles, indemnities, insurance, negligence, news, valuation by sally

‘In this recent case, the Defendant was the professional indemnity insurer of Westoe 19 (formerly Colin Lilley Surveying Limited) referred to throughout the Judgment as “CLS”. CLS was a limited company whose business was property valuation.’

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Park Square Barristers, 12th May 2020

Source: www.parksquarebarristers.co.uk

Successful defendant penalised in costs for ADR failure – Litigation Futures

Posted May 15th, 2020 in costs, dispute resolution, indemnities, news by sally

‘The High Court has penalised a successful party for refusing to engage in alternative dispute resolution (ADR), saying it had brought the litigation on itself as a result.’

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Litigation Futures, 14th May 2020

Source: www.litigationfutures.com

Charterparty Indemnity Clauses and Injunctive Relief – 33 Bedford Row

Posted April 20th, 2020 in chambers articles, charterparties, indemnities, interpretation, news by sally

‘The case concerned the interpretation of an indemnity clause in an amended Shellvoy6 form Charterparty and whether the Claimant time charterers should be granted injunctive relief, in the form of security to be provided by the Defendant voyage charterers, so as to enable release of the MT “Miracle Hope” (the “Vessel”), which was under arrest in Singapore.’

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33 Bedford Row, 7th April 2020

Source: www.33bedfordrow.co.uk

Union seeks legal immunity for NHS medics in pandemic – The Guardian

Posted April 20th, 2020 in coronavirus, dentists, doctors, immunity, indemnities, negligence, news, nurses, trade unions by tracey

‘The NHS could be faced with billions of pounds of medical negligence claims if it does not grant some form of legal immunity to medics risking their lives during the pandemic, the government has been warned. The Medical Defence Union (MDU), which provides legal support to around 200,000 doctors, nurses, dentists and other healthcare workers, is calling for a debate over the need for emergency legislation.’

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The Guardian, 19th April 2020

Source: www.theguardian.com

High Court judges order indemnity costs over ADR failures – Litigation Futures

‘The courts are getting harder on parties who fail to follow directions to try alternative dispute resolution (ADR), with judges imposing indemnity costs in two cases in recent weeks.’

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Litigation Futures, 16th April 2020

Source: www.litigationfutures.com

SRA presses ahead with plan to cut compensation awards – Legal Futures

‘The Solicitors Regulation Authority (SRA) is pressing on with plans to cut the upper limit for Compensation Fund awards from £2m to £500,000, while modifying other proposals to reduce the cost of the scheme.’

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Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

The High Costs of Failure: Pursue the Claim at Your Peril! – Hardwicke Chambers

Posted January 16th, 2020 in costs, indemnities, insurance, news, piracy, ships by sally

‘The First Claimant (“the Owner”) owned a marine vessel damaged by fire at sea. It brought an insurance claim against the Defendants (“the Underwriters”). The Second Claimant, the mortgagee of the vessel (“the Bank”), claimed an indemnity against the Underwriters pursuant to an insurance policy for the constructive total loss of the vessel by piracy.’

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Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Solicitor-client costs: negligence, documents and coverage – 4 New Square

Posted January 9th, 2020 in costs, indemnities, insurance, negligence, news, podcasts, solicitors by sally

‘With solicitor-client cost disputes on the rise, Paul Parker and Tom Asquith consider in this podcast how these are having an impact within the sphere of professional indemnity insurance, in particular advice on funding; applications for delivery of files; and coverage.’

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4 New Square, 31st December 2019

Source: www.4newsquare.com

Solicitor sanctioned for indemnity insurance breaches – Legal Futures

Posted November 20th, 2019 in disciplinary procedures, indemnities, insurance, mental health, news, solicitors by sally

‘A solicitor who practised without insurance has been spared an appearance before a disciplinary tribunal, in part because he was suffering from depression at the time.’

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Legal Futures, 20th November 2019

Source: www.legalfutures.co.uk

SIF rule could be “catastrophic” for retired solicitors – Legal Futures

Posted September 20th, 2019 in indemnities, news, notification, retirement, solicitors by sally

‘Refusal by the Solicitors Indemnity Fund (SIF) to accept notifications of potential claims could be “catastrophic” for retired solicitors, a specialist in professional regulation and insurance has warned.’

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Legal Futures, 20th September 2019

Source: www.legalfutures.co.uk

Lawyers at “growing risk of claims” for under-settlement – Litigation Futures

‘Professional negligence actions arising from lawyers under-settling personal injury and clinical negligence claims appear to be on the rise, a specialist barrister has warned.’

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Litigation Futures, 7th August 2019

Source: www.litigationfutures.com

Solicitor in four year wheelie bin row with doctor is cleared of harassment – Daily Telegraph

Posted July 16th, 2019 in complaints, costs, harassment, housing, indemnities, news, waste by tracey

‘A solicitor who engaged in a four-year row over a wheelie bin has been cleared of harassing his doctor neighbour after a judge ruled he was entitled to protect his property.’

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Daily Telegraph, 15th July 2019

Source: www.telegraph.co.uk

Court can order costs in foreign currency on summary assessment – Litigation Futures

Posted May 10th, 2019 in costs, fees, indemnities, jurisdiction, news by sally

‘The court has jurisdiction to make an order for costs in a foreign currency on summary assessment, a deputy High Court judge has ruled in what he said appeared to be the first case on the point.’

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Litigation Futures, 9th May 2019

Source: www.litigationfutures.com

MoD hit with indemnity costs for disclosure failure – Litigation Futures

Posted March 8th, 2019 in armed forces, costs, disclosure, indemnities, news by sally

‘The Ministry of Defence (MoD) has been ordered to pay indemnity costs after the High Court ruled that it “has not begun to grapple with its obligations in terms of disclosure” in a procurement challenge.’

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Litigation Futures, 7th March 2019

Source: www.litigationfutures.com

Court caps appeal costs to keep ‘some semblance of reasonableness’ – Law Society’s Gazette

Posted January 17th, 2019 in airlines, appeals, costs, costs capping orders, indemnities, news, pensions, Supreme Court by tracey

‘The High Court has taken the proactive step of capping the costs of a litigant before they pursue an appeal through the Supreme Court. Mr Justice Arnold said the claimant in Airways Pension Scheme Trustee Ltd v Fielder & Anor should be limited to the same costs as the defendant – in doing so shaving around £200,000 from the costs estimate.’

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Law Society's Gazette, 16th January 2019

Source: www.lawgazette.co.uk

Court orders insurer to cover negligent solicitors’ unpaid costs – Legal Futures

Posted January 14th, 2019 in appeals, costs, indemnities, insurance, law firms, negligence, news, solicitors, Supreme Court by tracey

‘The insurer of a negligent Italian law firm operating in London has been ordered to pay £3m in costs to the victims after the lawyers failed to pay up.’

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Legal Futures, 14th January 2018

Source: www.legalfutures.co.uk

Leading firm left with court fees budget after late service – Litigation Futures

Posted December 7th, 2018 in budgets, case management, costs, fees, indemnities, law firms, news, sanctions, service by tracey

‘A leading national law firm that served its budget late has failed in an application for relief from sanctions only made on the day of the case and costs management conference (CCMC).’

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Litigation Futures, 7th December 2018

Source: www.litigationfutures.com

Divorce is not a “blank cheque” for litigation, judge warns – Legal Futures

Posted November 27th, 2018 in costs, divorce, financial provision, indemnities, legal representation, news by tracey

‘Litigation is not a “blank cheque” and divorcing people cannot behave on the basis that they are bound to be reimbursed for their costs, a leading family law judge has warned.’

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Legal Futures, 27th November 2018

Source: www.legalfutures.co.uk

Appealing findings made by the TCC: guidance from the Court of Appeal – Practical Law: Construction Blog

Posted November 22nd, 2018 in appeals, civil procedure rules, fire, indemnities, insurance, news by tracey

‘In 2014, a waste plant owned by Wheeldon Brothers Waste Ltd was damaged by fire. Its insurer, Millennium Insurance Company Ltd, declined to indemnify the company in relation to the fire, citing alleged breaches of a variety of policy terms. At first instance, Mr Jonathan Acton Davis QC, sitting as Deputy High Court judge, ruled that Wheeldon was entitled to the indemnity.’

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Practical Law: Construction Blog, 19th November 2018

Source: constructionblog.practicallaw.com