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Articles matching "professional indemnity"
Fitness for Purpose: Light at the end of the tunnel?
In October 2017 we reported on the well-publicised Supreme Court’s decision in MT Højgaard v E.ON ("Højgaard") which held that a fitness for purpose obligation required the contractor to achieve a…
Read moreDirty Laundry
In an age where people live out their lives online, professional reputations are increasingly in the hands of the public. How can professionals adapt to meet the challenge of aggrieved clients posting…
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High tension
The past few years have seen some tension between CPR Part 36 and CPR Part 45, and judges (and sometimes the same judge) have come to different views on which section wins. Will Balfry takes a look at…
Read moreQuicker and cheaper dispute resolution - a dream come true?
Adjudication is the newest form of alternative dispute resolution (ADR) available to defendants and insurers faced with professional negligence claims. It is designed to produce a reasoned decision…
Read moreA Matter of Record
Drawing on her experiences in recent trials, Joanne Staphnill and Sarah McKay consider the implications for professionals and their insurers of the trend towards greater use of telephony recording…
Read moreFutile devices – the Court’s approach to anti-oral variation clauses
All manner of contracts contain clauses to the effect that the contract in question represents the entirety of the terms agreed by the parties. Such clauses are often supplemented by clauses which…
Read moreArchitects must resist client pressure to certify beyond the scope of their involvement
Mark Klimt considers the recent Court of Appeal ruling in Hunt v Optima, which provides helpful guidance as to the duties which arise from professional consultants’ certificates.
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