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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.

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.

Perspective - Publication

Product Liability Update August 2016

Published on 04 Aug 2016.

In this Update we take a look at some of the recent stories making the news, from electrical fires to mislabelled fishcakes.

Perspective - Publication

Winning the battle but losing the war

Published on 22 Jul 2016.

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.

Perspective - Publication

Tiuta International Ltd (in liquidation) v De Villiers Surveyors

Published on 06 Jul 2016.

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

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