Financial regulators focus on climate change risk – OUT-LAW.com

‘In early May the UK government became the first in the world to declare an environment and climate change emergency. The impact of climate change will affect every aspect of daily life, and generates a number of significant financial risks.’

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OUT-LAW.com, 21st May 2019

Source: www.out-law.com

Judge spikes PI claim from ‘disabled’ victim over fundamental dishonesty – Law Society’s Gazette

‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’

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Law Society's Gazette, 16th May 2019

Source: www.lawgazette.co.uk

Barristers can act as deputies, Court of Protection rules – Legal Futures

‘Barristers can act as professional property and affairs deputies for people who lack mental capacity, although it is not seen as a legal service, the Court of Protection has ruled.’

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Legal Futures, 26th April 2019

Source: www.legalfutures.co.uk

CFA success fees abolished in privacy & defamation cases – Panopticon

Posted April 9th, 2019 in costs, defamation, fees, insurance, news, privacy by sally

‘So after many of months of GDPR-related anguish, finally some good news for data controllers: with effect from last Saturday (6th April), conditional fee agreement (CFA) success fees will no longer be recoverable from defendants in privacy or defamation proceedings, at least where the relevant CFA was entered into after 5 April.’

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Panopticon, 8th April 2019

Source: panopticonblog.com

CA upholds challenge to routine 100% success fee in low-value PI – Litigation Futures

‘Solicitors handling low-value personal injury claims since LASPO should have undertaken risk assessments before setting success fees – rather than just applying 100% across the board – the Court of Appeal has ruled.’

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Litigation Futures, 3rd April 2019

Source: www.litigationfutures.com

Solicitors can recover VAT on full MRO fee, says appeal court – Litigation Futures

‘A solicitor does not have to investigate whether a medical reporting organisation (MRO) is right to charge VAT on the whole of its bill, the Court of Appeal has ruled in a case that it said affected “thousands” of others.’

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Litigation Futures, 3rd April 2019

Source: www.litigationfutures.com

Cameron (Respondent) v Liverpool Victoria Insurance Co Limited (Appellant) – 39 Essex Chambers

‘The Supreme Court has unanimously held in Cameron v Liverpool Victoria Insurance Co Ltd that the driver of a car, who was not anonymous but could not just be identified, cannot be sued under a pseudonym or description.’

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39 Essex Chambers, 21st February 2019

Source: www.39essex.com

Bungled Litigation and Costs – 4 New Square

Posted March 12th, 2019 in costs, damages, fees, insurance, negligence, news by sally

‘In principle, costs and funding should be taken into account when determining the value of litigation which has been lost by lawyers’ negligence. The Courts by and large purport to do this,[1] but the reported cases mostly do not do so adequately, and as a result considerably overvalue lost claims. I will attempt in this paper to show why, backed up by some simple calculations. In particular, the possibility of losing any trial makes a very great impact on the value of a claim.’

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4 New Square, 28th February 2019

Source: www.4newsquare.com

Supreme Court: No right to sue untraced driver – Litigation Futures

‘Accident victims have no right to sue an untraced driver, the Supreme Court has ruled.’

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Litigation Futures, 20th February 2019

Source: www.litigationfutures.com

Private AI – claims against approved inspectors – Practical Law: Construction Blog

Posted February 12th, 2019 in building law, defective premises, health & safety, insurance, negligence, news by tracey

‘The extent to which property owners of a defective building have a valid claim against professionals with involvement in the development is a subject that has recently seen an upsurge in interest and litigation. In the past months two TCC judgments have been published that consider the particular role and potential liabilities of approved inspectors (AIs): Zagora Management Ltd and others v Zurich Insurance plc and others and Lessees and Management Company of Herons Court v Heronslea Ltd and others.

To the disappointment of property owners, and perhaps the relief of insurers, these cases demonstrate the difficulties claimants face in succeeding against AIs.’

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Practical Law: Construction Blog, 11th February 2019

Source: constructionblog.practicallaw.com

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

Change in regulation of claims management companies – OUT-LAW.com

Posted January 9th, 2019 in claims management, financial regulation, insurance, news by sally

‘The Financial Conduct Authority (FCA) will become responsible for the regulation of claims management companies in Great Britain from April this year in a move broadly welcomed within the insurance sector. Legislation implementing the reforms provides some details on how the new regime will work.’

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OUT-LAW.com, 7th January 2019

Source: www.out-law.com

MoJ calls for evidence on new personal injury discount rate – Litigation Futures

‘The Ministry of Justice (MoJ) has issued a call for evidence on the new personal injury discount rate to be set under what will soon be the Civil Liability Act.’

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Litigation Futures, 10th December 2018

Source: www.litigationfutures.com

Grindr cheat pharmacist guilty of wife’s murder – BBC News

Posted December 5th, 2018 in burglary, domestic violence, fraud, insurance, internet, murder, news, telecommunications by sally

‘A pharmacist who strangled his wife with a Tesco bag so he could start a new life with his boyfriend has been found guilty of murder.’

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BBC News, 4th December 2018

Source: www.bbc.co.uk

Commercial Court upholds hot works “exclusion” in Contractor’s Liability Policy – Practical Law: Construction Blog

Posted November 27th, 2018 in appeals, Commercial Court, construction industry, contracts, fire, insurance, news by tracey

‘Aspen Insurance UK Ltd & Liberty Mutual Insurance Europe Ltd v Sangster and Annand Ltd is a case that concerns a fire at a Scottish hotel, and liability under a Contractor’s Liability Insurance policy. It was heard by HHJ Waksman QC (as he then was) in the Commercial Court in June and, earlier this week, the Court of Appeal refused permission to appeal.’

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Practical Law: Construction Blog, 23rd November 2018

Source: constructionblog.practicallaw.com

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

Top family solicitor opts for BSB entity regulation – Legal Futures

Posted November 5th, 2018 in barristers, indemnities, insurance, news, regulations, solicitors by sally

‘The former national head of family law at Simpson Millar has set up his own firm and chosen to be regulated by the Bar Standards Board (BSB).’

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Legal Futures, 5th November 2018

Source: www.legalfutures.co.uk

New Judgment: Dooneen Ltd (t/a McGinness Associates) & Anor v Mond [2018] UKSC 54 – UKSC Blog

Posted November 1st, 2018 in appeals, compensation, debts, insurance, news, Supreme Court, trustees in bankruptcy by sally

‘This appeal considered the construction of the expression ‘final distribution’ in a voluntary trust deed for creditors, and whether this includes a distribution made when the creditors receive less than 100 pence in the pound and there remain (following that distribution) assets vested in the trustee, albeit the trustee is unaware of their existence.’

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UKSC Blog, 31st October 2018

Source: ukscblog.com

Firm terminated retainer “without notice or good reason” – Litigation Futures

Posted October 31st, 2018 in fees, indemnities, insurance, law firms, news, notification, winding up by sally

‘A law firm’s decision to terminate its retainer without notice to the client – because it was closing down – was unreasonable and it could not claim the fees due before then, the High Court has ruled.’

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Litigation Futures, 31st October 2018

Source: www.litigationfutures.com

Impecunious credit hire claimants ordered to provide pre-action disclosure – Litigation Futures

‘Impecunious road traffic accident claimants who benefit from the rule allowing them to claim full credit hire costs must provide pre-action disclosure of financial records, a circuit judge has ruled.’

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Litigation Futures, 22nd October 2018

Source: www.litigationfutures.com