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Perspective - Publication

Risk management for surveyors – how to be prepared for your PII renewal

Published on 19 Mar 2020. By Lucy Cadwallader, Associate

Surveyors will be aware of the requirement to have Professional Indemnity Insurance (PII), both for RICS membership and to protect themselves in the event of a claim. Despite the fact that valuers are facing considerably fewer claims than they did in the years following the 2008 economic crisis, there has still been a reduction in the availability of PII and surveyors are facing a challenging time when they come to renew their insurance.

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Perspective - Publication

Contingency market coronavirus briefing – event cancellation

Published on 16 Mar 2020.

On 11 March 2020, the World Health Organisation declared the current COVID-19 outbreak to be a worldwide pandemic. For the vast majority of people, this label may make little practical difference; the WHO designation does not trigger any automatic or mandatory global reaction, and the decision as to the steps to be taken in response to the outbreak remain in the hands of national governments.

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Perspective - Publication

Covid-19 risk update for UK insurers

Published on 12 Mar 2020.

In the context of the novel coronavirus dominating international news headlines, RPC consider some key insurance issues with respect to the potential application of notifiable disease and supply chain extensions to standard business interruption insurance policies.

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Perspective - Publication

International risk: the evolution of the remedy of avoidance

Published on 10 Mar 2020.

There used to be a side-splitting “joke” amongst the barrister authors of a particular insurance law textbook that its title ought to have been “How to Avoid”. This was because twenty-five years ago telephone calls between insurance carriers and their lawyers might often have started with: “We are going to get clobbered. How can we get out of this?”. Back then the insurance market was a very different place to what it is now. It was somewhat fragmented and there was a heady mix of under-capitalisation and LMX spiral business (a hazardous game of “pass the exploding parcel” played through mutual reinsurance). A big loss could spell doom – hence the “joke”.

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Perspective - Publication

Novel Coronavirus ("Covid-19") and its potential implications for Business Interruption Insurers

Published on 20 Feb 2020.

In the context of the novel coronavirus dominating international news headlines, RPC Partners Antony Sassi and Mark Errington, consider some key insurance issues with respect to the potential application of notifiable disease and supply chain extensions to standard business interruption insurance policies.

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Perspective - Publication

The march of the machines?

Published on 10 Feb 2020. By William Jones, Of Counsel

You may have seen the piece by the BBC a couple of weeks ago about Artificial Intelligence entering into a “winter”, following its “summer” of the last decade). In short, there appears to be a growing consensus that AI has been over-hyped particularly by those selling it.

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Perspective - Publication

General liability newsletter - January 2020

Published on 06 Feb 2020.

Welcome to the latest edition of our general liability newsletter, rounding up the key cases from January 2020. This month we look at recent cases involving; claims for court fees, late applications to vacate trial, part 36 settlements & litigation privilege.

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Perspective - Publication

Product liability update - November 2019

Published on 02 Dec 2019.

A round-up of some of the recent stories making the news.

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Perspective - Publication

General liability newsletter - October 2019

Published on 04 Nov 2019.

Welcome to the October edition of our general liability newsletter. This month looks at recent cases involving; fraud, privilege, covert surveillance, non-party access and legal costs.

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Perspective - Publication

Privilege Absolute: documents remain privileged forever, unless privilege is waived

Published on 21 Oct 2019. By Nick Bird, Partner and Laura Stocks, Partner

The Court of Appeal has taken a robust stance against an attempt to retrospectively redraw the boundaries of legal professional privilege in the recent decision of Addlesee and others v Dentons Europe LLP1.

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Perspective - Publication

Product liability update August 2019

Published on 29 Aug 2019.

A round-up of some of the recent product liability stories making the news.

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Perspective - Publication

General liability newsletter - August 2019

Published on 05 Aug 2019. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

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Perspective - Publication

Kidsons and Kajima reviewed

Published on 31 May 2019.

The Court of Appeal considers the notification of a “hornet’s nest” in Euro Pools Plc v Royal Sun Alliance Plc

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Perspective - Publication

Product liability update May 2019

Published on 31 May 2019.

A round-up of some of the recent stories making the news, from consultation on food labelling to changes to the product liability and safety legislation in the event of a "no deal" Brexit.

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Perspective - Publication

General liability newsletter April 2019

Published on 30 Apr 2019. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

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Perspective - Publication

Product liability update - February 2019

Published on 28 Feb 2019.

A round-up of some of the recent stories making the news, from the Product Safety Marking in the event of a “no deal” Brexit to Social media and product advertising.

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Perspective - Publication

General liability newsletter February 2019

Published on 11 Feb 2019.

The latest general liability news coming out of the courts.

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Perspective - Publication

Product liability update November 2018

Published on 30 Nov 2018.

A round-up of product liability news and stories making the headlines.

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Perspective - Publication

General liability newsletter November 2018

Published on 01 Nov 2018. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

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Perspective - Publication

Product liability update August 2018

Published on 30 Aug 2018.

A round-up of key stories making the news, from the Potential impact of US litigation in the UK to a case involving injuries arising from caustic soda.

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Perspective - Publication

General liability newsletter July 2018

Published on 09 Aug 2018. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

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Perspective - Publication

Product liability update

Published on 31 May 2018.

A round-up of some of the recent stories making the news, from the EU Product Liability Directive to a case involving hip replacement litigation

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Perspective - Publication

General liability newsletter April 2018

Published on 30 Apr 2018. By Gavin Reese, Partner, Head of Regulatory

Employees owe a duty to their employers to carry out their work with reasonable care so as to avoid accident and injury. Employers are vicariously liable for the negligence of their employees but are entitled to claim a contribution or indemnity from their negligent employee in appropriate circumstances.

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Perspective - Publication

Asia Insurance Bulletin 2018

Published on 23 Apr 2018.

Our Asia Insurance Bulletin is now available. The bulletin contains a number of articles written by our lawyers discussing a variety of issues relevant to the Asia region.

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Perspective - Publication

Government announces new office for product safety and standards

Published on 01 Feb 2018.

On 21 January 2018, the Government announced the creation of the Office for Product Safety and Standards (OPSS), a new national oversight body tasked with “identifying consumer risks and managing responses to large-scale product recalls and repairs”.

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Perspective - Publication

Tax avoidance schemes and the duty to warn

Published on 09 Jan 2018. By Rachael Healey, Partner

In a useful judgment summarising when a duty to warn arises, the Court of Appeal overturned the High Court’s decision and raised doubts over the applicable test when considering whether or not financial advisers have been negligent in advising on the risks associated with investments.

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Perspective - Publication

Product liability update November 2017

Published on 24 Nov 2017. By Gavin Reese, Partner, Head of Regulatory and Dorothy Flower, Partner

A round-up of some of the recent stories making the news, from automated vehicles to food safety and product advertisements.

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Perspective - Publication

General liability update October 2017

Published on 17 Oct 2017. By Gavin Reese, Partner, Head of Regulatory

The latest general liability news coming out of the courts.

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Perspective - Publication

Government to cover negligence claims against GPs

Published on 17 Oct 2017. By Dorothy Flower, Partner

Government to cover negligence claims against GPs

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Perspective - Publication

Government to cover negligence claims against GPs

Published on 17 Oct 2017. By Dorothy Flower, Partner

Government to cover negligence claims against GPs

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Perspective - Publication

Challenge to SRA intervention rejected

Published on 11 Aug 2017. By Nick Bird, Partner and Laura Stocks, Partner

Suspicion of wrongdoing in law firms gives rise to difficult judgments.

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Perspective - Publication

Court of Appeal distinguishes Target

Published on 04 Aug 2017.

In a recent decision the Court of Appeal1 distinguished Target and AIB on the applicable remedy arising out of a breach of trust in a commercial transaction.

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Perspective - Publication

“Last man standing”

Published on 14 Jul 2017. By Alan Stone, Partner

What duties does a monitoring surveyor owe to a lending bank?

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Perspective - Publication

FCA consultation on pension transfers – what does it mean for advisers?

Published on 22 Jun 2017. By Robert Morris, Partner

The FCA threatened it and now we have it – on 21 June the FCA published its consultation paper on DB transfers and safeguarded benefit conversions.

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Perspective - Publication

Election result may be a boost for insurers of highly regulated products

Published on 13 Jun 2017.

The political uncertainty following last week’s general election could in fact be good news for insurers of heavily regulated products, such as medical devices.

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Perspective - Publication

Election result may be a boost for insurers of highly regulated products

Published on 13 Jun 2017.

The political uncertainty following last week’s general election could in fact be good news for insurers of heavily regulated products, such as medical devices.

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Perspective - Publication

First advice/information decision after BPE

Published on 13 Jun 2017. By Nick Bird, Partner

On 19 May 2017 His Honour Judge Moulder handed down his judgment in the case of the Halsall and others v Champion Consulting Ltd and others [2017] EWHC 1079 (QB).

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Perspective - Publication

Health and safety law update, June 2017

Published on 09 Jun 2017.

This issue includes details on The Sentencing Council publishing a new guideline for entering an early guilty plea, in addition to the most recent fines and sentences imposed on companies around the UK.

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Perspective - Publication

Exemption clauses have teeth ‒ negotiate contracts carefully

Published on 02 Jun 2017. By Ben Goodier, Partner

The Court of Appeal has recently provided guidance on the application of the contra preferentum rule.

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Perspective - Publication

Court of Appeal overturns decision on confidentiality in Huntington’s case

Published on 17 May 2017. By Sian Morgan, Partner

The Court of Appeal ruled that clinicians treating a man with Huntington’s Disease (HD) may have owed a duty of care to disclose his condition to his daughter and that the case should be remitted for trial.

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Perspective - Publication

Product liability update

Published on 10 Apr 2017. By Gavin Reese, Partner, Head of Regulatory

In this Update we take a look at some of the recent stories making the news, from driverless cars to advertising for high fat, salt or sugar food or drink products.

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Perspective - Publication

Supreme Court decides on assignment and variation of CFAs

Published on 07 Apr 2017. By Nick Bird, Partner

In Plevin v Paragon Personal Finance Limited the Supreme Court determined that a CFA had been validly assigned to a new firm and that variations to it after 1 April 2013 were not new agreements.

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Perspective - Publication

FOS backs down and agrees: award limit applies in avoidance cases

Published on 08 Mar 2017. By Robert Morris, Partner

In R (on the application of Aviva Life & Pensions (UK) Limited) v Financial Ombudsman Service [2017]1 Aviva judicially reviewed a Financial Ombudsman Service decision that required them to reinstate a life insurance policy they had avoided for non-disclosure.

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Perspective - Publication

Solicitors duty to warn - when does it arise?

Published on 01 Mar 2017.

The Court of Appeal has recently dismissed an appeal against the decision of Michael Bowes QC sitting as a deputy judge in the Queen’s Bench Division in Balogun v Boyes Sutton & Perry [2017] EWCA Civ 75.

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Perspective - Publication

General Liability update, January 2017

Published on 18 Jan 2017. By Gavin Reese, Partner, Head of Regulatory

In this issue we consider how Insurers might secure the evidence needed to defend long-tail disease claims, with the collateral benefit of reducing the risk of more immediate prosecution by the Health and Safety Executive for non-compliance with Health and Safety Regulations.

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Perspective - Publication

Court of Appeal applies Wellesley to a claim against lawyers

Published on 22 Dec 2016.

On 21 December 2016 Lord Justice Jackson and Lord Justice Patten overturned a loss of chance judgment for £2m against lawyers on the grounds that the damage was too remote.

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Perspective - Publication

Life Sciences, December 2016

Published on 16 Dec 2016. By Dorothy Flower, Partner

Welcome to our final Life Sciences update of 2016. In this edition we cover Wilkes v DePuy (the recent judgment that deals with medical products liability and is a boost for defendants), the Brexit debate continued, fitness trackers making people unfit and insurers and manufacturers preparing for the outbreak of rare diseases.

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Perspective - Publication

Supreme Court considers the application of SAAMCo to claims against lawyers

Published on 15 Dec 2016. By Nick Bird, Partner

The test for remoteness of damage in claims against lawyers is going to be examined today and tomorrow by the Supreme Court. The justices hearing the appeal include the president Lord Neuberger together with Lord Mance, Lord Clarke, Lord Sumption and Lord Hodge.

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Perspective - Publication

The proof of the pudding is in the eating

Published on 23 Nov 2016. By Catherine Percy, Partner

Insureds can have their cake but only if they eat it too

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Perspective - Publication

A new and better approach to claims against financial advisers?

Published on 03 Oct 2016. By Robert Morris, Partner

A Judge has found in favour of Coutts in a claim for negligent investment advice for just under £3.3m plus interest. The Judge’s findings are of interest given that he refused to assess whether the investments recommended were suitable for the Claimants according to a body of accepted professional opinion (the so called “Bolam Test”). Instead, the Judge focused on whether the risks of the investments were properly explained to the Claimants, whether they could afford to take such risks and showed themselves willing to do so.

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