Judge stops draft ruling publication after parties settle dispute – Law Society’s Gazette

Posted June 22nd, 2021 in costs, indemnities, judgments, negligence, news, notification by sally

‘A judge has decided that her ruling on an issue of indemnity costs should remain unpublished after the parties settled the dispute at the last minute.’

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Law Society's Gazette, 21st June 2021

Source: www.lawgazette.co.uk

Case Preview: Harcus Sinclair LLP v Your Lawyers Ltd – UKSC Blog

‘In this post, Sarah Day, a senior associate with CMS, previews the decision awaited from the UK Supreme Court in the matter of Harcus Sinclair LLP v Your Lawyers Limited. This case centres around a non-compete clause contained within a non-disclosure agreement between two firms of solicitors. It is an important case in the sphere of solicitors’ professional indemnity insurance as it sees the issues of (i) the Court’s inherent jurisdiction over solicitors as officers of the Court, (ii) the interaction of that jurisdiction with the restraint of trade doctrine and (ii) the interpretation and enforcement of solicitors’ undertakings, to be considered at the highest level since 1940.’

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UKSC Blog, 25th May 2021

Source: ukscblog.com

High Court orders urgent trial in claim by Liverpool mayor for indemnity against legal costs – Local Government Lawyer

Posted May 7th, 2021 in corruption, costs, indemnities, local government, news by sally

‘The High Court in Manchester has ordered that an urgent trial take place of the claim by Joe Anderson, the Mayor of Liverpool, that Liverpool City Council are acting unlawfully in refusing to provide him with the same indemnity against legal costs offered to other council members.’

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Local Government Lawyer, 6th May 2021

Source: www.localgovernmentlawyer.co.uk

SRA backs new cyber-losses clause for indemnity policies – Legal Futures

‘The extent to which losses caused by cyber attacks are covered by law firms’ professional indemnity insurance (PII) policies is to be clarified by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 14th April 2021

Source: www.legalfutures.co.uk

‘Not two sets of rules’: Litigant in person handed £100k costs bill – Law Society’s Gazette

Posted April 6th, 2021 in costs, indemnities, litigants in person, news by sally

‘A litigant in person has been ordered to pay almost £100,000 in interim costs after another reminder from the court that unrepresented people cannot expect special treatment.’

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Law Society's Gazette, 6th April 2021

Source: www.lawgazette.co.uk

Housing case law update – March 2021 – Local Government Lawyer

‘Paul Lloyd, Helen Gascoigne and Catherine Craven analyse the latest court rulings and Ombudsman investigations of interest to housing associations and local authorities.’

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Local Government Lawyers, 30th March 2021

Source: www.localgovernmentlawyer.co.uk

CA: Judge was wrong not to order all of part 36 enhanced awards – Litigation Futures

Posted November 18th, 2020 in appeals, costs, indemnities, interest, news, part 36 offers, telecommunications by sally

‘Making one of the four enhanced awards of beating a part 36 offer does not “in any way” undermine or lessen entitlement to the others, the Court of Appeal has ruled.’

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Litigation Futures, 18th November 2020

Source: www.litigationfutures.com

FCA v Arch and Others [2020] EWHC 2448 (Comm): COVID-19 business interruption insurance – 12 King’s Bench Walk

Posted November 17th, 2020 in causation, contracts, coronavirus, financial regulation, indemnities, insurance, news by sally

‘The coronavirus pandemic has led to ongoing widespread business disruption and closures with a second national lockdown commencing this week. As such, certainty over whether business can bring claims under their business interruption (“BI”) insurance policies could not be more important.’

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12 King's Bench Walk, 2nd November 2020

Source: www.12kbw.co.uk

Court of Appeal refuses permission to appeal Swift v Carpenter – Litigation Futures

‘The Court of Appeal has refused permission to appeal Swift v Carpenter, its recent decision that replaced the Roberts v Johnstone formula for calculating accommodation claims by injured people.’

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Litigation Futures, 6th November 2020

Source: www.litigationfutures.com

Insurer fails in aggregation argument over partner’s multi-million pound thefts – Legal Futures

‘The High Court has refused to aggregate as one claim various actions a Yorkshire law firm’s indemnity insurer is facing because of a multi-million pound fraud run by one of its partners.’

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Legal Futures, 4th November 2020

Source: www.legalfutures.co.uk

Defendant’s “potential exposure” not relevant to security for costs – Litigation Futures

Posted September 2nd, 2020 in costs, fiduciary duty, indemnities, insurance, law firms, news by tracey

‘A defendant’s potential exposure to paying the premium for after-the-event (ATE) insurance necessary to meet its demand for security for costs was “not relevant” to the question of security, the High Court has ruled.’

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Litigation Futures, 1st September 2020

Source: www.litigationfutures.com

Claimant ordered to pay defence costs after fundamental dishonesty finding – Law Society’s Gazette

Posted August 5th, 2020 in appeals, compensation, costs, damages, deceit, indemnities, news, personal injuries by sally

‘The High Court has reversed a costs order on appeal after a successful defendant had initially been forced to pay most of the losing claimant’s costs.’

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Law Society's Gazette, 1st August 2020

Source: www.lawgazette.co.uk

New high for NHS claims settling before proceedings – Litigation Futures

‘The percentage of clinical claims against the NHS being resolved before issue has continued to climb to new levels, although claimant legal costs have also increased over the past year.’

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Litigation Futures, 21st July 2020

Source: www.litigationfutures.com

Discontinuing or settling a claim? Lawyers Beware – No. 5 Chambers

‘Thinking of discontinuing, or settling a claim? This 21-page Judgment (admonishment) provides some important guidance on the dos and don’ts, particularly the don’ts.’

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No. 5 Chambers, 19th June 2020

Source: www.no5.com

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