Professional Indemnity
Find out more about DWF's Professional Indemnity team.
Lack of witness credibility leads to a failure of a lost chance claim
The recent decision of His Honour Judge Pearce in Waraich & Anor –v- Ansari Solicitors (A firm) , a case involving the doctrine of lost opportunity, is one of the first to apply the recent Supreme…
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Reporting mistakes and loss of a chance
In Hanbury & Ors v Hugh James [2019] EWHC 1074 (QB), the defendant firm failed to send a crucial document to its client's expert, leading to the underlying claim for personal injuries not being…
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The Disclosure Pilot Scheme – Objectives, Disclosure Duties and Requirements
The two year Disclosure Pilot Scheme was introduced on 1 January 2019 and applies to all existing and new proceedings in the Business and Property Courts. In this article we review the objectives of…
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"Confidentiality Clauses in Settlement Agreements: Solicitors beware!"
This article examines the various ways in which the Law Society, SRA and government have sought to address the public concern regarding the use of NDAs in an employment context and the importance of…
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Power shift in Professional Indemnity market
In recent years insurance brokers working in the construction Professional Indemnity (PI) market have been used to conveying to their clients the buying power they held in a “soft market” due to the…
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Solicitors' Retainer Letters, Implied Duties
The recent case of Capita Pension Trustees Ltd & Anor v Sedgwick Financial Services Ltd & Ors[2019] EWHC 314 (Ch) is interesting in so far as it provides helpful guidance as to the principles…
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Adjudicator slips up at the crucial moment
The slip rule is a well-established principle that applies to court, arbitration and adjudication proceedings and allows for the correction of accidental mistakes or errors in the outcome of such…
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Mears Limited v Costplan Services (South East) Limited and Others [2019] EWCA Civ 502 – the Court of Appeal considers the issue of practical completion for the first time in 50 years.
The case concerns a dispute that arose from the development of two blocks of student accommodation at Notte Street in Plymouth ("the Development").
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Service of claim form by unregulated person still valid
The Legal Services Act 2007 ("the 2007 Act") sets out a number of reserved legal activities which may only be carried out by authorised (e.g. by the Law Society) or exempt (e.g. litigants in person)…
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Pay first argue later – put to the test
In a recent TCC decision, Stuart-Smith J followed the Court of Appeal’s judgment in S&T (UK) Limited v Grove Developments Ltd[1] (considered here),ruling that an employer must comply with an…
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