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Product liability update - February 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.
Read moreGeneral liability newsletter February 2019
The latest general liability news coming out of the courts.
Read moreProduct liability update November 2018
A round-up of product liability news and stories making the headlines.
Read moreGeneral liability newsletter November 2018
The latest general liability news coming out of the courts.
Read moreProduct liability update August 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.
Read moreGeneral liability newsletter July 2018
The latest general liability news coming out of the courts.
Read moreProduct liability update
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
Read moreGeneral liability newsletter April 2018
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.
Read moreAsia Insurance Bulletin 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.
Read moreGovernment announces new office for product safety and standards
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”.
Read moreTax avoidance schemes and the duty to warn
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.
Read moreProduct liability update November 2017
A round-up of some of the recent stories making the news, from automated vehicles to food safety and product advertisements.
Read moreGeneral liability update October 2017
The latest general liability news coming out of the courts.
Read moreGovernment to cover negligence claims against GPs
Government to cover negligence claims against GPs
Read moreGovernment to cover negligence claims against GPs
Government to cover negligence claims against GPs
Read moreChallenge to SRA intervention rejected
Suspicion of wrongdoing in law firms gives rise to difficult judgments.
Read moreCourt of Appeal distinguishes Target
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.
Read more“Last man standing”
What duties does a monitoring surveyor owe to a lending bank?
Read moreFCA consultation on pension transfers – what does it mean for advisers?
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.
Read moreElection result may be a boost for insurers of highly regulated products
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.
Read moreElection result may be a boost for insurers of highly regulated products
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.
Read moreFirst advice/information decision after BPE
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).
Read moreHealth and safety law update, June 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.
Read moreExemption clauses have teeth ‒ negotiate contracts carefully
The Court of Appeal has recently provided guidance on the application of the contra preferentum rule.
Read moreCourt of Appeal overturns decision on confidentiality in Huntington’s case
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.
Read moreProduct liability update
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.
Read moreSupreme Court decides on assignment and variation of CFAs
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.
Read moreFOS backs down and agrees: award limit applies in avoidance cases
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.
Read moreSolicitors duty to warn - when does it arise?
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.
Read moreGeneral 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
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