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General Liability update, January 2017
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.
Read moreCourt of Appeal applies Wellesley to a claim against lawyers
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.
Read moreLife Sciences, December 2016
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.
Read moreSupreme Court considers the application of SAAMCo to claims against lawyers
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.
Read moreThe proof of the pudding is in the eating
Insureds can have their cake but only if they eat it too
Read moreA new and better approach to claims against financial advisers?
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.
Read moreChanging experts - a risky business
The recent case of Allen Tod Architecture Ltd (In Liquidation) v Capita Property and Infrastructure Ltd (previously known as Capita Symons) provides a timely reminder of the risks of changing experts. In this case, the Defendant made an application for specific disclosure of documents prepared by the Claimant’s first expert. The High Court held that privilege in such documents should be waived and the documents should be disclosed where a party seeks to rely upon the evidence of an alternative expert.
Read moreLife sciences, August 2016
Here is our latest life sciences update. Read on for practical tips on the Insurance Act 2015, the implications of the NHS wading into the debate over diagnostic apps, how Brexit may affect medical regulations and impending litigation over fertility treatment. Some of these topics will be addressed in more detail in our next life sciences seminar on 20 September 2016. To register your interest, please email seminars@rpc.co.uk.
Read moreOffer rejected by counter-offer - a cautionary tale
Non-Part 36 offer not capable of acceptance once rejected by a Part 36 counter offer
Read moreProduct Liability Update August 2016
In this Update we take a look at some of the recent stories making the news, from electrical fires to mislabelled fishcakes.
Read moreRead with "interest" - Part 36 offers
In many cases it will be easy to determine whether a claimant has beaten their Part 36 offer and accordingly whether they are entitled to the additional benefits provided for under CPR 36.17(4). Sometimes, however, because of the interest accruing on damages between the date of the Part 36 offer and the judgment date, the judgment sum only exceeds the Part 36 offer by a small amount. If this happens, what are the consequences?
Read moreWinning the battle but losing the war
We have previously commented on the need for claimants to establish all elements of a claim (duty, breach, causation and loss) if they want to achieve more than a Pyrrhic victory. The case of Mortgage Express v Countrywide Surveyors Limited provides another example of this, but with a slightly different twist.
Read moreTiuta International Ltd (in liquidation) v De Villiers Surveyors
The Court of Appeal recently overturned a first instance decision in an application for summary judgment in the matter of Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd [2006] EWCA Civ 661
Read moreCosts - issue at your peril
A recent decision re-emphasises the costs risks a claimant faces if it issues proceedings but does not serve them.
Read moreInsurers liable to pay damages to insureds for late claims payment
For insurance policies entered into after 4 May 2017, insurers could be liable to policyholders for late payment of claims. It will be an automatically implied term of the policy that sums due from insurers must be paid within a reasonable time.
Read moreAccountants’ update
Welcome to RPC’s 2016 accountants’ bulletin. The aim of the bulletin is to review a number of key developments from 2015, and to give an insight on some of the current “hot topics” in this area.
Read moreMultiple adjudications - how many adjudicators?
Obtain consent or use different adjudicators
Read moreSupreme Court hurts employers on vicarious liability
Cox v Ministry of Justice (2016) and AM Mohamud v WM Morrison Supermarkets plc (2016)
Read moreClarifying block notification feels ripples
Judgment in this case was handed down at the beginning of February 2016.
Read moreHealth and safety law update
HSE to prosecute Merlin Attractions Operation Ltd over Alton Towers “Smiler” incident
Read moreTake priority but be reasonable
On 20 January 2016, Mr Justice Edwards-Stuart handed down his judgment on preliminary issues in Commercial Management (Investments) Limited v (1) Mitchell Design and Construct Limited, and (2) Regorco Limited1
Read moreAdjudication - RMP Construction Services Ltd v Chalcroft Ltd
On 21 December 2015, Stuart-Smith J handed down his decision in RMP Construction Services Ltd v Chalcroft Ltd1 , an action for summary judgment in the Technology and Construction Court to enforce an Adjudicator’s decision.
Read moreDo receivers owe duties to bankrupt mortgagors?
The Court of Appeal has recently considered whether an LPA Receiver owes a duty of care to a bankrupt mortgagor in connection with the way the Receiver deals with the mortgaged property. In a decision which will be welcomed by Receivers and their insurers, the court decided that a Receiver owes no such duties.
Read moreUK flooding: the aftermath
As the flood waters subside and residents, businesses, insurers and public bodies survey the damage and pick up the pieces, thoughts will turn to what, if anything, could have been done differently to have prevented or minimised the damage caused.
Read moreLove thy neighbour but don't give them any advice!
The first TCC judgment of the year, Burgess & Burgess vs Lejonvarn [2016] EWHC 40 (TCC), is of particular interest to both architects and their insurers, as it discusses and distinguishes between a contractual relationship and one that gives rise to an assumption of responsibility in tort.
Read moreAnnual Insurance Review 2015
There are no prizes for guessing the likely main insurance law event of 2016. The Insurance Act 2015 will come into force on 12 August 2016.
Read moreCyber fraud - a new hope?
We have previously warned of the threat posed by fraudsters who are targeting solicitors’ client accounts to misappropriate funds (read our blog last February here).
Read moreNew sentencing guideline for health and safety offences
In November 2014, the Sentencing Council began consulting on a draft guideline for health and safety offences, corporate manslaughter, and breach of food safety and hygiene regulations.
Read moreIs time up for claims against valuers?
Assessing the point at which a cause of action accrues in a claim against a valuer is a difficult task, not least because of the lack of judicial guidance on the issue.
Read moreGeneral liability update
Defending a claim for breach of Occupiers’ duty – A bridge too far?
Read moreInsurance Act 2015
Amendment to include Law Commission’s proposals on damages for late payment of claims
Read moreVW emissions rigging scandal- Insurance exposure
Insurance exposures
Read moreTianjin explosions leave insurers exposed to claims
On 12 August 2015, multiple explosions occurred in the Chinese city of Tianjin, a major industrial port and goods gateway to Beijing.
Read morePlay nicely, children
Litigation is, by its very nature, an adversarial process. But as the court has made clear in the case of Simon Gotch & Susan Linda Gotch v Enelco Limited , litigants should also co-operate, to ensure the swift and cost-effective resolution of their disputes.
Read moreMilton Furniture and Brit- clarifying attendance
Milton Furniture Limited v Brit Insurance
Read moreGetting to Level 2
What insurers should look out for in BIM project management
Read moreFlood Re and the impact on surveyors and valuers
The catastrophic impact that flooding can have on property owners has been seen all over the news for the past decade. In particular, 2012 saw some of the wettest weather for a century and left thousands of households struggling to find insurance cover for their properties.
Read moreBeyond night and day: Importance of causation
In order to succeed in a claim for professional negligence, a claimant must establish that the professional owed him a relevant duty of care, that they breached that duty and that the breach caused the loss he seeks to recover.
Read moreCRE funds – targets for future litigation
There was a wave of negative press about commercial real estate funds during the course of 2023. The higher interest rate environment and the pandemic’s economic and social legacy has stressed the sector. This was reflected in suspensions of redemptions by funds including BlackRock UK Property Fund and Blackstone’s (US) Blackstone Real Estate Income Trust, and the closure of the M&G Property Portfolio fund. Asset valuation concerns are leading to many CRE funds trading at a significant discount to their net asset value. Shortsellers are circling – see for instance, Muddy Waters’ disclosure of a large short position on the Blackstone Mortgage Trust.
Read moreCourt of Appeal orders solicitor be struck off for serious breaches of accounts rules
In an important judgment in Law Society of Hong Kong v A Solicitor, the Court of Appeal set aside an order that a solicitor be suspended from practice for 24 months and substituted it with an order that he be struck off from the roll of solicitors.
Read moreBanking and Financial Litigation Markets Update - Spring 2023
This update is brought to you by RPC’s top tier banking and financial markets disputes practice in London, with specialists in all areas of financial markets litigation (and arbitration) and a wealth of expertise including frequent involvement in the most complex, high-value, and high-profile disputes in the sphere. Here, we take a look at some of the most important judgments in recent months.
Read moreHong Kong – At a glance: major changes to cross-border enforcement of judgments in Hong Kong and mainland China
The highly anticipated Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (the Ordinance) is set to take effect in mid-2023. Once the Ordinance is in place, applicants will be able to enforce a broader range of mainland judgments in Hong Kong by way of a registration procedure and vice versa in relation to Hong Kong judgments in mainland China.
Read moreBanking and financial litigation markets update - Summer 2022
In this overview we look at some of the most important judgments in recent months in the area of banking and financial markets litigation.
Read moreDisputes Yearbook 2022: Retail and Restructuring
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreDisputes Yearbook 2022: Civil Fraud
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
Read moreDisputes Yearbook 2022: Banking Litigation
As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.
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