Category: indemnities
Fraud and indemnity costs – no presumption; and polemicists beware! – Littleton Chambers
‘In Pisante v Logothetis [2022] EWHC 2575 (Comm), Baker J had to consider whether to make an order for indemnity costs following a successful US$6.5m fraud action.’
Littleton Chambers, 7th March 2023
Source: littletonchambers.com
St James’s Oncology v Lendlease: the value of project-specific amendments to JCT contracts – Practical Law: Construction Blog
‘The recent judgment of the TCC in St James’s Oncology SPC Ltd (Project Co) v Lendlease Construction (Europe) Ltd and another provides a fascinating commentary on the importance of drafting a building contract that is tailored to deliver the needs of the employer and the end-user.’
Practical Law: Construction Blog , 12th January 2023
Government claims more than £130 million after suing pandemic gown supplier – The Independent
‘Lawyers say the Government is claiming more than £130 million after suing a firm at the centre of a row over the supply of personal protective equipment during the coronavirus pandemic.’
The Independent, 5th January 2023
Source: www.independent.co.uk
Belsner faces £130k costs payment but Checkmylegalfees “has a future” – Legal Futures
‘The Court of Appeal has signalled the possibility of a non-party costs order in the Belsner case after ordering the claimant to make an interim costs payment of £130,000.’
Legal Futures, 16th November 2022
Source: www.legalfutures.co.uk
When is it appropriate to use Part 8 in adjudication enforcement? – Practical Law: Construction Blog
‘The case of Breakshore Ltd v Red Key Concepts Ltd, as heard in the TCC earlier this year, reconfirms the court’s position in respect of when it is appropriate to use Part 8 claims to resist adjudication enforcement hearings.’
Practical Law: Construction Blog, 11th November 2022
Failure to comply with PD57AC — it can be costly! – Local Government Lawyer
‘Amba Griffin-Booth examines the lessons to be learned from a recent case concerning compliance with PD57AC.’
Local Government Lawyer, 28th October 2022
Source: www.localgovernmentlawyer.co.uk
Claimant to pay indemnity costs after latest witness statement failure – Legal Futures
‘The High Court has ordered a claimant who seriously breached the rules on witness statements to pay indemnity costs, having exacerbated the situation by dismissing the defendant’s concerns.’
Legal Futures, 21st September 2022
Source: www.legalfutures.co.uk
Unreasonable refusal to engage with ADR – Law Society’s Gazette
‘In Richards & Anor v Speechly Bircham LLP & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) HHJ Russen QC (sitting as a judge of the High Court) considered, inter alia, the most appropriate costs order to be imposed on the unsuccessful defendant law firm for refusing to consider and engage in mediation. He concluded, wrongly in my view, that a failure to mediate did not justify an order for costs on an indemnity basis.’
Law Society's Gazette, 22nd July 2022
Source: www.lawgazette.co.uk
Taxing Issues – The Impact of The Thornhill Case – Hailsham Chambers
‘In this case note, Simon Howarth QC discusses the recent case of McLean v Thornhill and considers the wider implications of this important judgment, both in the context of claims arising out of failed tax schemes and more generally.’
Hailsham Chambers, 31st March 2022
Source: www.hailshamchambers.com
SRA needs “radical rethink” to change disproportionate focus on BAME solicitors – Legal Futures
‘The Solicitors Regulation Authority (SRA) needs to rethink its approach radically to tackle the “grimly entrenched” problem of ethnic minority solicitors being over-represented in its enforcement work, it is argued today.’
Legal Futures, 21st October 2021
Source: www.legalfutures.co.uk
High Court judge orders Liverpool City Council to reconsider refusal of indemnity for former elected mayor – Local Government Lawyer
‘A High Court judge has told Liverpool City Council to revisit whether it should grant an indemnity to its former elected mayor Joe Anderson to defend criminal allegations.’
Local Government Lawyer, 3rd August 2021
Source: www.localgovernmentlawyer.co.uk
Judge stops draft ruling publication after parties settle dispute – Law Society’s Gazette
‘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.’
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.’
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
‘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.’
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).’
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
‘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.’
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.’
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
‘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.’
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
‘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.’
12 King's Bench Walk, 2nd November 2020
Source: www.12kbw.co.uk
