Euro Pools v RSA is the first case in 10 years in which the Court of Appeal has considered the important topic of notifications and attachment of claims in professional indemnity insurance. The speakers for this podcast include counsel who appeared in the case at trial and in the Court of Appeal. They will discuss the judgment, its ramifications and broader issues of notification, attachment and aggregation of claims.

Where a wrong is caused to a company, do its shareholders also suffer a loss? Can a shareholder sue for his own loss, where it “reflects” the company’s loss? What if the company can’t or won’t sue? These thorny issues have led to much litigation for nearly 200 years. Reflective loss has now been given a major overhaul by the Supreme Court.

Barristers Tim Chelmick and Lucy Colter discuss practical completion post-Mears v Costplan and other critical events in the life of a construction project, by reference to the role and responsibilities of key construction professionals.  They will provide an overview of claims in this area, and also discuss the latest cases with particular focus on the responsibilities of architects including duties to inspect and to issue instructions.

On 11th April 2017, the Supreme Court handed down its decision in Swynson v Lowick Rose [2018] AC 313, a case that sought to push the boundaries of equitable subrogation beyond breaking point. The Claimants were very firmly knocked back and it was made entirely clear that equity cannot be used as a modern day palm tree. Equity is based on legal principle, not discretion, or an amorphous concept of fairness. However, that does not mean there is no scope to get creative – provided you work out...

A podcast bringing you up to date with the key professional negligence developments in 2019 and 2020. The talk will include: (i) asking whether the approach to vicarious liability has become more sophisticated; (ii) considering how courts are implementing the Patel v Mirza​ 'policy-based' approach to the doctrine of illegality; (iii) reviewing where we are on the 'loss of a chance' doctrine, and how the vexed question of after-available evidence ​fits in.

Murray Rosen QC, an arbitrator and mediator at the new Court of Arbitration for Art at The Hague, discusses the special features of dispute resolution in Art disputes, including a comparison between recent court cases and ADR methods, and the impact of the COVID-19 virus on procedures, especially remote hearings and meetings.

A look at how discontinuity of insurance coverage may arise for insurance policies written on a ‘claims made’ basis. This has particular resonance for professional persons who may believe they have seamless cover so long as they take out back-to-back yearly policies. Discontinuity problems are analysed in relation to both the ‘claims’ and ‘circumstances’ attachment mechanisms typically written into professional indemnity insurance policies. This podcast illustrates how, outside the regulatory...

In a world where Russian oligarchs refer to litigation as “lawfare”, in this podcast we look at the issues arising where personal commercial rivalries are played out in spurious litigation. We go on to consider the new phenomenon of malicious prosecution claims arising from big money divorces, touching finally on the professional liability exposure of lawyers who have acted for the tortfeasor in maliciously prosecuted or abusive civil proceedings.

In this podcast, Jamie Smith QC, Helen Evans and Hannah Daly review where we are with dishonest assistance and unlawful means conspiracy claims after Group 7 and Stobart / The Racing Partnership. A look, too, at insurers’ recovery options in the event that the insured is engaged in ‘naughty conduct’.

Advocacy is often called the art of persuasion. This podcast aims to provide some practical advice on preparing and presenting disciplinary cases in a thorough and compelling manner. In the first section of the podcast, Diarmuid Laffan deals with some of the issues that arise, whether acting for a professional or a regulator, upon initial instruction and when preparing a disciplinary case. In the second section, Graeme McPherson QC gives a valuable ‘view from the bench’, in light of his...

A review of recent decisions on the disclosure pilot running in the Business and Property Courts and a discussion of the key issues which face practitioners grappling with the procedure set out in PD 51U.

In this podcast, Richard deals with some of the issues that policyholders who took out sporting event cancellation insurance and their insurers are likely to be grappling with and which may well end up being played out in the courts or in arbitration; and then Sarah answers some questions relating to other forms of insurance including property damage and business interruption, credit risk, political risk and liability cover.

The Supreme Court has had two chances to bring some much needed clarity to these questions, but has ducked them. This podcast with Mark Cannon QC and Hugh Evans, provides the answers.

In this podcast Nicole Sandells QC and Miles Harris take a practical look at how to fashion and pursue proprietary routes to recovery – and what to do when you can’t find one, including a look at the restitution and unjust enrichment wild card, rights to information and documentation beyond the CPR, and factoring in the particular issues when professional indemnity insurers seek recovery.

In this podcast Neil Hext QC and Matthew Bradley look at the latest state of play in relation to the Muller exception to the without prejudice rule. The Court of Appeal’s decision in Muller v. Linsley & Mortimer [1996] PNLR 74 seems well established, but the exception remains difficult to square with basic principle. The podcast will consider how WP privilege works in the three-party situation, and the impact of recent cases such as EMW Law LLP v. Halborg [2017] EWHC 1014 and Briggs v....

In this podcast Paul Parker provides an overview of the “StaRs”, the enforcement regime and their perceived flexibility, and examines the SRA’s reach into one’s private life and personal affairs.

A review of the main procedural and substantive weapons available to parties seeking to recover assets in dishonesty claims, including practical examples from recent cases acting for both claimants and defendants.

In this podcast, Graeme McPherson QC, Daniel Saoul QC and Pippa Manby discuss the advantages and disadvantages of pleading fraud, how to prosecute and defend the various causes of action available, and issues arising in relation to insurance coverage where dishonesty is alleged. Visit our website to download the accompanying talk handout.

Knowing when and how an insurer’s rights should be reserved is a key skill for anyone involved in handling insurance claims. Listen to the podcast to hear Alison Padfield QC’s thoughts on this controversial issue, together with an outline of the new legislation on damages for late payment of claims by insurers – and why she thinks the two topics might be linked.

With solicitor-client cost disputes on the rise, Paul Parker and Tom Asquith consider in this podcast how these are having an impact within the sphere of professional indemnity insurance, in particular advice on funding; applications for delivery of files; and coverage.

In South Australia Asset Management Corporation v. York Montague (“SAAMCO”) the House of Lords held that a lender suing a valuer for negligence could only recover loss falling with the scope of the duty. Lord Hoffmann’s speech had wide-ranging implications for the whole law of professional negligence. This included the so-called SAAMCO cap, which operates as a restriction on the level of damages and the distinction between “Information” and “advice”. Twenty years later, the Supreme Court...

In this podcast, newly appointed silks Siân Mirchandani QC and Dan Saoul QC discuss their main practice areas, life at the bar and their journey to becoming Queen’s Counsel at 4 New Square – and what being a QC means to a career at the Bar.