PROFESSIONAL NEGLIGENCE LEGAL UPDATE. Talk by Rachel Robertson on 3 June 2010

Size: px
Start display at page:

Download "PROFESSIONAL NEGLIGENCE LEGAL UPDATE. Talk by Rachel Robertson on 3 June 2010"

Transcription

1 PROFESSIONAL NEGLIGENCE LEGAL UPDATE Talk by Rachel Robertson on 3 June 2010 INTRODUCTION Legal test Quick overview of the legal position with regard to professional negligence. Focus is on Scottish position but there are not many substantive differences between Scotland and England. Case law update Examination of recent case law both English and Scottish. Solicitors, surveyors and accountants Not covering area of medical negligence - complicated field. Instead, going to focus on the professions of solicitors, surveyors and accountants. But the general principles and legal test apply to all professions. Various issues arising There are various issues which arise in relation to professional negligence claims. Can t cover all but case updates referred to will give a flavour of the current issues which are arising. Limitation issues and recent changes Will examine the issue of limitation - fairly topical at the moment as shown by recent English cases. Recent increase in claims Examination of why there has been a recent increase in the number of professional negligence claims being raised and proceeding through the courts. LEGAL TEST Test of negligence The normal rules of delict apply where someone causes harm to another in the course of his business usually a client or customer is harmed. Broad terms:- Professional person should possess a certain minimum degree of competence. Should also exercise reasonable care in the discharge of their duties If do that, should avoid any claims of professional negligence. Hunter v Hanley 1955 SC 200 What is the test of negligence that a court will apply in Scotland? To determine whether there has been a breach of duty of care, the defender s conduct is judged by the standard of care expected in his profession. So the wronged party must prove that the defender s conduct fell below that of a reasonable solicitor, accountant, surveyor etc. Hence the usual practice of other professionals in the same area will be a significant factor in determining whether there has been negligence or not.

2 The test is set out in the leading case of Hunter v Hanley 1955 SC 200. In this case the Pursuer claimed that the doctor treating him was negligent in using a needle which was unsuitable. The Lord President (Clyde) said this:- Even a substantial deviation from normal practice may be warranted by the particular circumstances. To establish liability by a doctor where deviation from normal practice is alleged, three facts require to be established. First of all it must be proved that there is a normal practice; secondly it must be proved that the defender has not adopted that practice; and thirdly (and this is of crucial importance) it must be established that the course which the doctor adopted is one which no professional man of ordinary skill would have taken had he been acting with ordinary care. No professional man So it is not enough that the defender s conduct deviated from normal practice it must be shown that no professional man of ordinary skill would have followed the course taken by the defender. This standard will provide protection to the client but also recognises that success can t be guaranteed in every case. For example, the credibility of a witness can determine the outcome of litigation. The duty is likely to be owed as a contractual obligation. That sets the standard by which professionals will be judged. SOLICITORS Contract and delict A solicitor can be liable to their client in both contract (ie a letter of engagement) and delict for a harm done. Examination of the more unusual situations which can arise:- Duties to client and Third Party Normally a professional person doesn t owe a duty of care to a third party there is an exception when that third party is a disappointed legatee. For example, a solicitor draws up a will under which X is meant to be the main beneficiary. But he is negligent and X misses out of his legacy. But X has no contract with the solicitor does he have a claim against him? X has suffered an economic loss but he didn t rely on the solicitor s advice and probably isn t even aware of his identity. The Scottish Courts long refused to recognise such a duty of care. In England, the case of White v Jones [1995] 2 AC 207 examined this situation. A solicitor was instructed to change a will a father had been estranged from his daughters and removed them from his will. They were reconciled and he instructed his solicitor to make them beneficiaries but the father died before this was altered. The House of Lords found the solicitor owed a duty of care to the disappointed legatees. It was thought that the solicitor has assumed responsibility for the potential beneficiaries. Hence it was thought that a negligent solicitor should be liable. This case has now taken effect in Scotland in the unreported case of Robertson v Watt & Co (4 July 1995). It is thought that because there is only a restricted class of people who could claim ie the legatees who are known to the solicitor, that a duty of care can be justified in these circumstances.

3 Commercial advice A question arises regarding whether a solicitor is under a duty to provide commercial advice, rather than strictly legal advice. For example advice on the commerciality of a lease. There is a lot of case law on this issue most recently in the case of Tom Hoskins plc v EMW Law [2010]EWHC 479 (Ch) - English case from this year. Tom Hoskins plc sued their solicitors in connection with their handling of the sale of 5 public houses and a brewery. They claimed that the negligence of the solicitors meant that the transaction was completed late and on unfavourable terms. Also, they had been negligent in their drafting of the contract by allowing it to be signed in a form which allowed an assignee to refuse to give directors guarantees or rent deposits to the landlord. The question for the Court was whether the solicitor was required to give general commercial advice to a client. The principle established in the case of Credit Lyonnais SA v Russell Jones and Walker [2003] PNLR 2 is that a solicitor is not normally under any duty to give commercial advice to a client. The scope of EMW s instruction was to advise on and draft the terms of the contract of sale. The issue was whether the obtaining of the landlords consent to assign was within the scope of that instruction. EMW said a distinction had to be drawn between obtaining the consent in principle which they said wasn t part of their instruction and the drafting etc of the document. They argued that only the latter fell within the scope of their instructions. Tom Hoskins plc took the view that EMW were the project managers of the whole sale. The Court found that obtaining the consent was something that both parties were responsible for. It was not [EMW Law s] job to obtain that consent, any more than it is a solicitors task in a conveyancing transaction to obtain finance for the transaction. Midland Bank v Hett, Stutts and Kemp [1979] Ch. 384 Basically the point to take from this case is that the judge said the standard of a reasonably competent solicitor was not of a particularly meticulous and conscientious practitioner but rather the test is what the reasonably competent practitioner would do having regard to the standards normally adopted in his profession. This mirrors the legal test set out at first from the Hunter v Hanley case but puts it in the context of how it is applied to a solicitor. Frank Houlgate Investment Company v Biggart Baillie [2009] CSOH 2009 Court of Session case from end of last year. Pursuer engaged in conveyancing transaction and claimed they were persuaded to invest money by a fraudster, and the fraudster s solicitor was aware he did not own property over which they were granted a security. Raised action against the fraudster s solicitors on the basis of their alleged negligence. The client claimed this case was an exception to the rule that a solicitor does not owe a duty of care to another party in a transaction. They claimed the solicitors should have:- 1 Confirmed he owned the property; and 2 Advised them that he did not when they became aware and tell them not to invest any more money The Court held that a solicitor doesn t normally owe a duty of care to the other party in a conveyancing transaction. But if a solicitor becomes aware of fraud by his client he must ensure he

4 doesn t further that fraud in any way. If he does, he will be liable to the other party as a participant in the fraud. But other than there being dishonesty, a solicitor is not under any duty of case to disclose personal circumstances of his client to the other side and can assume his client is acting honestly. No negligence was found to have been proved failure of solicitors to ensure they were acting for the true owner of the property could not justify the imposition of a duty of care on them in favour of the other side. Levicom etc v Linklaters [2010] EWCA Civ 494 This case from last month shows how the Court of Appeal ruled on causation issues. Levicom appealed against the first instance decision that although Linklaters had negligently advised them about breaches of a shareholder agreement, Levicom had suffered no damage as a consequence because it would have proceeded in the same manner even had it received non-negligent advice. The appeal was allowed. The Court found that Linklaters had to prove their advice was not the cause of any loss and they had not done so. It was observed that a commercial client would not seek expensive legal advice and not act on it. This case is useful for showing the importance for solicitors in keeping contemporaneous records of advice and discussions between solicitor and client. SURVEYORS AND CONSTRUCTION INDUSTRY Brief outline only. Claims against surveyors have been on the increase for a couple of years so this is a pertinent issue. Contracts The law only requires surveyors, architects, engineers etc to meet the standards of competence prevailing in their profession. There is an implied term in their contracts that they will use reasonable skill and care. Of course, if there is an express contract provision to achieve a specific result then that will displace the implied term. Most common express obligation is probably to ensure a building is fit for its purpose. This raises the issue of whether an architect, contractor etc should agree to such a term. A client will have to prove negligence. So where there is a contract with an obligation to achieve a specified result within a design, in the event of a defect the client will have to prove that design caused the defect. Above sets out the basic legal position. Professional duties A designer will have to decide whether to agree to a fit for purpose obligation rather than simply the reasonable skill and care contractual term. They should consider their insurance and what level of cover they will be open to. If they do agree to the fit for purpose obligation then they won t be covered for a non-negligent error. And even if they do make a negligent error, the policy may not provide cover if there is no allegation of negligence against them.

5 Hence there is some uncertainty in this field. Compliance with legislation and Codes of Practice etc The Pre-Action Protocol for Construction and Engineering Disputes applies to all construction and engineering disputes including professional negligence claims against architects, engineers and quantity surveyors. ACCOUNTANTS Number of claims rising Accountants in particular have faced a sudden jump in claims brought against them. For example, in 2009 there were more claims brought than in the previous 4 years put together. This is suggestive of the credit crunch effect more clients are facing financial difficulty and will look to lay the blame for losses at their accountants door. It remains to be seen whether this will subside or if the trend of an increasing number of claims against accountants will continue. A reason for the jump is that the claims typically involve a failure to spot fraudulent activity when looking at company accounts. During a financial recession fraudulent activity increases hence there is greater potential for accountants to be found open to criticism. Reasonable skill and care Like a solicitor there will be a contractual duty of care between an accountant and client in terms of the engagement letter. Reasonable skill and care is an implied term. Fiduciary duties This is where an accountant is distinct from other professions they have duties of loyalty, undue influence and confidentiality. Regulatory Rules and FSA Accountants are subject to Regulatory Rules and subject to FSA regulation also. This too should be borne in mind when considering claims against accountants another layer of investigation. Also, certain functions carried out by accountants are regulated by statute, such as company audits. This means that the relevant statutory context should always be considered when considering a professional liability claim against accountants. LIMITATION RECENT CHANGES 6 or 5 year rule In England claims based on contract are timebarred after 6 years from the cause of the action. This is 5 years in Scotland. Should distinguish this from latent damage cases (such as personal injury from medical negligence) which is a 3 year period. That is the starting position.

6 Identifying exact date of loss In delict, the date from which the limitation period runs is triggered by the date upon which the actual damage is sustained. This causes trouble for the Courts and is an uncertain and complex area particularly where there is a contingent loss rather than an actual loss. Normally the limitation runs from date of damage but a Pursuer will claim that they did not suffer the loss until long after the negligent advice. For example, when they come to sell a property bought 20 years later and discover they do not have title. They are therefore looking for more time to bring their claim. Area was uncertain after case of Law Society v Sephton & Co [2006] UKHL 22 which basically enhanced a claimant s prospects of overcoming the limitation hurdle. That case was concerned with a failure by accountants to identify a fraud. Because it was held there was only a contingent liability, the clock had not started for limitation purposes. The claimants therefore had longer to claim. Couple of cases since then have sought to clarify the issue:- Pegasus v Ernst & Young [2010] EWCA Civ 181 The Court of Appeal held in March 2010 that the limitation period runs from the moment the damage is suffered. Facts of the case alleged failure by Ernst & Young to give proper tax planning advice. Individual had sought advice to mitigate a large tax liability on disposal of a loan. He was advised to invest in a business but part of that advice was flawed and adverse tax consequences flowed from that. Advice was between but claims were issued in Claimants admitted that claims based on breach of contract by E&Y committed more than 6 years previously were time-barred. But in delict (or tort in England) they argued that the actual damage had not been suffered within that 6 year window. In the Court of first instance it was held that they had suffered actual damage in 1999 so the claims were timebarred. This was appealed. Appeal was dismissed. The Court of Appeal rejected their argument that the limitation period did not start until the consequences were actually suffered. Rather, it held that the damage was suffered as soon as the alleged defect in advice became incapable of being cured that was the deadline to take advantage of tax relief in This case shows the importance of identifying exactly when the damage has occurred and therefore when the limitation period starts. Easy to be critical of the Court s willingness to start the clock running at a point when quantifying damage is so difficult. AXA Insurance Limited v Akther etc [2009] EWHC 635 (Comm) English case from April Details of case fairly complicated. Basically, AXA brought proceedings against 89 firms of panel solicitors alleging they were in breach of duty in concluding 26,000 claims. The value of the claim was over 65million. Proceedings were raised in 2008 and the policies were dated 2001 onwards with about 26,000 of them more than 6 years before proceedings commenced. The solicitors defence was that these claims were timebarred and the Court agreed. The Commercial Court indicated that the loss is likely to be suffered when the Pursuer enters into the transaction. That is the case even though the loss doesn t crysallise until later. Consequences of this:-

7 Time limit is becoming similar to that in contract claims Professionals should consider limitation where a claim is made 6 years after the advice is given may have a defence On the other side, a Pursuer shouldn t delay bringing the claim and seeking to have to rely on the discretion of the Court. Cost to claimant in this case for delaying was 20million But each case will be determined on its own facts. Which is turns means that there is a lot of scope for arguments about limitation and more cases to come. This leads to a lot of uncertainty and expense for professionals and claimants who are forced to litigate to test the issues. Worth pointing out that the 3 judges in the AXA case were not unanimous which shows this is a difficult issue and one with more mileage. RECENT INCREASE IN CLAIMS Credit crunch Increase in the number of professional negligence claims and litigation throughout 2009 and that continues into This might be explained by the credit crunch and particularly how it has affected the construction industry. Because professionals will have insurance cover in place, many will be opportunistic and see this as a chance to recover some losses incurred during the recession. Pricing risks Also, cash flow problems led to many issues between suppliers, contractors and sub-contractors. One major risk is where a developer runs out of money mid-way through a project it can then be claimed that there was a failing by a construction professional to provide an accurate costing or to manage the project properly. It is easy to see how when one party is sued, there is potential to try to lay that blame at the door of another contractor so many parties can become embroiled. This is expensive. The rule of thumb is that the greater the pricing risk on the contractor, the greater the risk for a claim. It is for this reason that fixed price contracts are more in favour now. More intense regulatory scrutiny Another reason for an increase in claims is that regulatory scrutiny of professionals, particularly in the financial sector, has intensified. This makes service providers more susceptible to criticism. FUTURE CHANGES Rise in claims continuing? In England the figures for professional negligence claims reaching Court doubled from 2007 to Don t have updated figures but it is expected that this trend will continue. Interestingly, the trend is for more claims to be raised against solicitors rather than other professionals. One reason for this is the economic downturn and corporate and conveyancing work (which is very much affected by the recession) is open to greater scrutiny. For example, companies check that

8 diligence has been done properly and if there is a defaulting borrower then a client might query the advice given by their solicitor. Also, to protect against the credit crunch some professionals (mainly solicitors) may diversify into other specialisms and end up doing unfamiliar work and thus opening themselves up to criticism because they don t have the necessary skills or knowledge. Surprisingly, claims against those involved in the construction industry haven t been on the increase as much as claims against other professionals. 2 reasons for this:- May be a lag in claims being brought since the credit crunch since it is expensive to bring a claim so Pursuers can t afford to proceed during a recession. Contractors are a poor target since they are likely to go under if a claim is brought against them. What will happen in the future? Hard to predict but there is a feeling that 2010 will continue to see the increase in professional negligence claims continuing. Reasons for that:- Property assets have plummeted so clients may look to blame solicitors and surveyors for that Credit crunch effects continue leads to greater scrutiny of transactions Likely to be more cases testing limitation since not definitively decided by Courts But on the other hand there is still economic uncertainty so clients don t want to get involved in litigation and paying solicitors fees. How to protect against? What should professionals do about that this to protect themselves? From a legal point of view, advice is as follows:- correct training of staff and supervision ensure staff work within area of expertise don t cut corners to get jobs done re-evaluate risk management processes keep thorough records, for as long as regulatory body requires and certainly for the limitation period notify your insurers to ensure cover much case law on this subject and early notification is important to ensure cover. Time will tell

QBE European Operations Professional practices update

QBE European Operations Professional practices update QBE European Operations Professional practices update Claims against solicitors - a checklist QBE Professional practices update - Claims against Solicitors - a checklist/jan 2013 1 Claims against solicitors

More information

BACK TO BASICS: TAX AND PROFESSIONAL NEGLIGENCE

BACK TO BASICS: TAX AND PROFESSIONAL NEGLIGENCE GITC REVIEW VOL.XIII NO.1 ~ DECEMBER 2014 BACK TO BASICS: TAX AND PROFESSIONAL NEGLIGENCE by Michael Thomas It is a sobering thought that those of us who give tax advice are potentially one slip away from

More information

PROFESSIONAL NEGLIGENCE

PROFESSIONAL NEGLIGENCE PROFESSIONAL NEGLIGENCE This article, written by Sophie Taylor, first featured in the Solicitors Journal on 8 December 2009. The current economic downturn has led to a rise in the number of claims pursued

More information

Professional Indemnity Select

Professional Indemnity Select Allianz Insurance plc Professional Indemnity Select Policy Overview Policy Overview Professional Indemnity Select Contents Thank you for choosing Allianz Insurance plc. We are one of the largest general

More information

Professional Indemnity Select

Professional Indemnity Select Allianz Insurance plc Professional Indemnity Select Cover Overview Professional Indemnity Select Cover Overview Contents Thank you for choosing Allianz Insurance plc. We are one of the largest general

More information

Professional liability of accountants and auditors

Professional liability of accountants and auditors Professional liability of accountants and auditors This factsheet provides guidance on the liability for professional negligence which members may incur because of an act or default by them (or by their

More information

A brief guide to professional negligence claims

A brief guide to professional negligence claims A brief guide to professional negligence claims Contents Introduction Do I have a claim? Important considerations Pre-action protocol procedure Court proceedings Contact information Introduction Claims

More information

Legal Action / Claiming Compensation in Scotland

Legal Action / Claiming Compensation in Scotland Legal Action / Claiming Compensation in Scotland This help sheet explains your legal rights if you have been injured as a result of medical treatment and the steps involved in seeking compensation through

More information

United Kingdom. Tristan Hall Sarah Hills Sedgwick Detert, Moran & Arnold LLP. 1. Directors duties

United Kingdom. Tristan Hall Sarah Hills Sedgwick Detert, Moran & Arnold LLP. 1. Directors duties Tristan Hall Sarah Hills Sedgwick Detert, Moran & Arnold LLP 1. Directors duties 1.1 Nature of the duties In the United Kingdom, directors owe fiduciary duties and a duty of care to their companies. Until

More information

Justice Committee. Apologies (Scotland) Bill. Written submission from the Law Society of Scotland

Justice Committee. Apologies (Scotland) Bill. Written submission from the Law Society of Scotland Justice Committee Apologies (Scotland) Bill Written submission from the Law Society of Scotland Introduction The Law Society of Scotland (the Society) aims to lead and support a successful and respected

More information

LIMITATION UPDATE. 1. Recently, the Courts have been looking at three areas of limitation law and

LIMITATION UPDATE. 1. Recently, the Courts have been looking at three areas of limitation law and LIMITATION UPDATE 1. Recently, the Courts have been looking at three areas of limitation law and practice. One is when it is permissible to introduce a new claim in pending proceedings after the limitation

More information

1. A assigns to B the benefit of A s contract with the consultant

1. A assigns to B the benefit of A s contract with the consultant Liability Briefing updated October 2008 Liability to third parties for reports 26 Store Street London WC1E 7BT Tel: 020 7399 7400 Fax: 020 399 7425 A consultant prepares a report in connection with a property

More information

Expert evidence. A guide for expert witnesses and their clients (Second edition)

Expert evidence. A guide for expert witnesses and their clients (Second edition) Expert evidence A guide for expert witnesses and their clients (Second edition) Addendum, June 2009 1. Introduction 1.1 The second edition of this Guide was published in October 2003, in order to set out

More information

Apologies (Scotland) Bill The Law Society of Scotland s Response May 2015

Apologies (Scotland) Bill The Law Society of Scotland s Response May 2015 Written Evidence Apologies (Scotland) Bill The Law Society of Scotland s Response May 2015 The Law Society of Scotland 2015 Introduction The Law Society of Scotland (the Society) aims to lead and support

More information

Limitation an update on recent case law

Limitation an update on recent case law Limitation an update on recent case law John Dickinson St John s Chambers An update covering recent cases on limitation periods, including consideration of whether a professional was under a continuing

More information

QBE European Operations Professional liability

QBE European Operations Professional liability QBE European Operations Professional liability Disclosure of insurance details revisited QBE Professional Liability Disclosure of insurance details revisited/november 2013 1 Disclosure of insurance details

More information

Trustees liability 8.0 /35

Trustees liability 8.0 /35 Trustees liability 8.0 /35 Trustees liability /8.1 Target Holdings v Redferns (1996) House of Lords Extent of trustees liability for equitable relief A finance company instructed a firm of solicitors to

More information

By Elizabeth Darlington

By Elizabeth Darlington PROFESSIONAL NEGLIGENCE AND PURCHASES OF PROPERTY IN JOINT NAMES By Elizabeth Darlington 1. The purpose of this article is to consider the increasingly common situation where purchasers buy property in

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

Weekly Update A summary of recent developments in insurance, reinsurance and litigation law

Weekly Update A summary of recent developments in insurance, reinsurance and litigation law Weekly Update A summary of recent developments in insurance, reinsurance and litigation law 11/10 CONTENTS Horwood & Ors v Land of Leather & Zurich 2 A case on the breach of a condition giving control

More information

Tree roots: causation in natural nuisance cases

Tree roots: causation in natural nuisance cases Tree roots: causation in natural nuisance cases What is the correct approach to causation in cases concerning natural nuisances where a landowner does nothing at all to abate such a nuisance on his land?

More information

NEGLIGENT SETTLEMENT ADVICE. Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice.

NEGLIGENT SETTLEMENT ADVICE. Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. NEGLIGENT SETTLEMENT ADVICE Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. The standard of care owed by a solicitor to his client has been established for

More information

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS

More information

Levy & McRae CLAIMS IN SCOTLAND

Levy & McRae CLAIMS IN SCOTLAND Levy & McRae CLAIMS IN SCOTLAND Contents 3 Introduction 4 Voluntary Pre-action Protocol 6 Raising a Court Action 7 Sheriff Court 9 Court of Session 10 Time Bar 11 Hearings 12 Expenses 2 Introduction Credible,

More information

Greene Wood & McLean v Templeton Insurance Ltd [2008] APP.L.R. 07/10

Greene Wood & McLean v Templeton Insurance Ltd [2008] APP.L.R. 07/10 JUDGMENT : Mr. Justice Teare : Commercial Court. 10 th July 2008. 1. This is an application by the Defendant to set aside the order made by Walker J. on 14 March 2008 in which he granted permission for

More information

Limiting liability for professional firms

Limiting liability for professional firms Limiting liability for professional firms Introduction Disputes can arise between providers of professional services and their clients or other (third) parties for a number of reasons. Limiting or excluding

More information

Your Guide to Pursuing a Personal Injury Claim

Your Guide to Pursuing a Personal Injury Claim Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose

More information

Back to Basics: Professional Indemnity Construction and Engineering

Back to Basics: Professional Indemnity Construction and Engineering Back to Basics: Professional Indemnity Construction and Engineering December 2015 Table of Contents Table of Contents... 2 Introduction... 3 Part A - Understanding the construction industry... 4 1 Construction

More information

DAMAGES FOR LATE PAYMENT AND THE INSURER S DUTY OF GOOD FAITH SUMMARY

DAMAGES FOR LATE PAYMENT AND THE INSURER S DUTY OF GOOD FAITH SUMMARY DAMAGES FOR LATE PAYMENT AND THE INSURER S DUTY OF GOOD FAITH SUMMARY S.1 In this Issues Paper we consider whether a policyholder should be entitled to damages where the insurer has refused to pay a valid

More information

The Risk Being Accountable How Professionals can be Exposed How to Minimise the Risk

The Risk Being Accountable How Professionals can be Exposed How to Minimise the Risk The Risk Being Accountable One thing is certain reputation damage caused by litigation can be devastating. Professional consulting businesses, and individuals providing specialist expertise, are under

More information

The Georgia Brokerage Relationships in Real Estate Transactions Act

The Georgia Brokerage Relationships in Real Estate Transactions Act Chapter 9 The Georgia Brokerage Relationships in Real Estate Transactions Act A. OVERVIEW PURPOSE OF THE ACT The Brokerage Relationships in Real Estate Transactions Act (BRRETA) http://www.crowngeorgia.com/brreta.htm

More information

A Private Client Lawyer s Guide to Contentious Probate Conference 2015

A Private Client Lawyer s Guide to Contentious Probate Conference 2015 A Private Client Lawyer s Guide to Contentious Probate Conference 2015 22 September 2015 De Vere Holborn Bars - Central London In this modern era of complex family relationships, a growing elderly population

More information

CORPORATE GOVERNANCE AND KEY COMPANY LAW ISSUES IN CHALLENGING ECONOMIC TIMES

CORPORATE GOVERNANCE AND KEY COMPANY LAW ISSUES IN CHALLENGING ECONOMIC TIMES CORPORATE GOVERNANCE AND KEY COMPANY LAW ISSUES IN CHALLENGING ECONOMIC TIMES INTRODUCTION Directors stand in a fiduciary relationship to the company and there are general fiduciary duties imposed upon

More information

CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES

CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES Application and interpretation of this Chapter 43.1.-(1) Subject to paragraph (4) and rule 43.1A (actions based on clinical negligence).

More information

Frequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports

Frequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 2 Medical Reports Q35. Can insurers question the medical report? A35. The defendant/insurer cannot question the

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

Clinical negligence. Grounds

Clinical negligence. Grounds Clinical negligence Clinical negligence occurs when the care or treatment the Claimant received from a health service provider was below the standard that is expected. This test was established in the

More information

Professional Negligence A Quick Guide!

Professional Negligence A Quick Guide! This publication is written as a general guide only. It is not intended to contain definitive legal Broadly speaking professional negligence occurs where a professional such as a solicitor, surveyor, doctor

More information

Security for payment: bonds and guarantees five pitfalls and protection

Security for payment: bonds and guarantees five pitfalls and protection Article This article first appeared in a slightly different form in Civil Engineering Surveyor, July 2010 Security for payment: bonds and guarantees five By Jonathan Hosie In the current economic climate,

More information

UNFAIR DISMISSAL: WHEN WILL THE COURTS ALLOW EXTENDED TIME LIMITS?

UNFAIR DISMISSAL: WHEN WILL THE COURTS ALLOW EXTENDED TIME LIMITS? UNFAIR DISMISSAL: WHEN WILL THE COURTS ALLOW EXTENDED TIME LIMITS? This article appeared in Employment Law Journal February 2008 Number 87 In the light of a series of recent EAT cases, Marc Jones and Mandeep

More information

PROFESSIONAL INDEMNITY INSURANCE

PROFESSIONAL INDEMNITY INSURANCE ESSENTIAL BUSINESS INSURANCE COVER POLICY RISK FACT introducing FirstUnited FirstUnited is a leading insurance intermediary group operating in Malta and under Freedom of Services throughout the EU. We

More information

In order to prove negligence the Claimant must establish the following:

In order to prove negligence the Claimant must establish the following: Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to

More information

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Summary In a mesothelioma claim, the defendant was not in breach of duty in relation to exposure to asbestos for

More information

When duties collide. The partners in the law practice were directors and shareholders in CWS, the lender.

When duties collide. The partners in the law practice were directors and shareholders in CWS, the lender. When duties collide Introduction There is an old adage that we cannot serve two masters. For us, this is reflected in the equitable obligation, that we cannot serve two clients at the same time in the

More information

Newsletter No. 194 (EN) Directors and Officers (D&O) Liability Insurance in Hong Kong

Newsletter No. 194 (EN) Directors and Officers (D&O) Liability Insurance in Hong Kong Newsletter No. 194 (EN) Directors and Officers (D&O) Liability Insurance in Hong Kong December 2015 All r ig ht s r e ser ved Lo r e nz & P art ner s 2015 Although Lorenz & Partners always pays great attention

More information

The Defective Premises Act 1972: Establishing and Escaping Liability

The Defective Premises Act 1972: Establishing and Escaping Liability The Defective Premises Act 1972: Establishing and Escaping Liability Introduction 1. The duty under section 4 of the Defective Premises Act 1972 ( the Act ) is as important as it is confusing. It is often

More information

Complete Professional Indemnity

Complete Professional Indemnity Allianz Insurance plc Complete Professional Indemnity Policy Details (including Policy Summary pages 1 4) Architects Policy Summary This is a Policy Summary only and does not contain full terms and conditions

More information

PROFESSIONAL NEGLIGENCE UPDATE. by John Walmsley

PROFESSIONAL NEGLIGENCE UPDATE. by John Walmsley PROFESSIONAL NEGLIGENCE UPDATE by John Walmsley 1 2 3 1. Negligence: Basics The tort of negligence has three basic requirements which must be proved by the claimant on a balance of probabilities, namely

More information

Heslop & Platt Solicitors Limited

Heslop & Platt Solicitors Limited TERMS OF BUSINESS Heslop & Platt Solicitors Limited 1. Introduction and Definitions 1.1 In these terms of business, the following words and phrases have the following meanings: Initial Client Letter Client

More information

Presentation to SCSI Claims and Risk Management. 13 October 2011 By Tara Cosgrove Beale and Company Solicitors

Presentation to SCSI Claims and Risk Management. 13 October 2011 By Tara Cosgrove Beale and Company Solicitors Presentation to SCSI Claims and Risk Management 13 October 2011 By Tara Cosgrove Beale and Company Solicitors Elements of a Claim Considering any claim the court will consider a number of elements. The

More information

Practice and Procedure for Claimants and Defendants in Credit-Hire Cases. William Hibbert

Practice and Procedure for Claimants and Defendants in Credit-Hire Cases. William Hibbert Practice and Procedure for Claimants and Defendants in Credit-Hire Cases William Hibbert Adapting procedure to credit hire Credit hire cases are of course subject to the standard rules of practice and

More information

Steve Mason, Legal Services and Governance Lead. Ratified and Approved CCG Governing Body on 10 October 2013 by:

Steve Mason, Legal Services and Governance Lead. Ratified and Approved CCG Governing Body on 10 October 2013 by: Title: Claims Management Policy Reference No: Owner: Author: Steve Mason, Legal Services and Governance Lead First Issued On: Latest Issue Date: Operational Date: Review Date: Consultation Date: Policy

More information

Problematic Probate (Part 1)

Problematic Probate (Part 1) Problematic Probate (Part 1) How to avoid a will dispute (and a potential negligence claim). The purpose of this series of articles is to give a litigator s point of view on the validity of wills and other

More information

Darryl S. Weiman, M.D., J.D.

Darryl S. Weiman, M.D., J.D. By Darryl S. Weiman, M.D., J.D. Federal Tort Claims Act Passed by Congress in 1946 to reduce the negative impacts of the doctrine of sovereign immunity Designed to eliminate the practice of congressman

More information

At first sight Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 is just

At first sight Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 is just TWO IMPORTANT CASES WELLESLEY PARTNERS LLP the test of remoteness. At first sight Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 is just another slightly dreary solicitors negligence case where

More information

Before : THE HONOURABLE MR JUSTICE COULSON - - - - - - - - - - - - - - - - - - - - - Between : PANTELLI ASSOCIATES LIMITED.

Before : THE HONOURABLE MR JUSTICE COULSON - - - - - - - - - - - - - - - - - - - - - Between : PANTELLI ASSOCIATES LIMITED. Neutral Citation Number: [2010] EWHC 3189 (TCC) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION TECHNOLOGY AND CONSTRUCTION COURT Case No: HT-10-332 Royal Courts of Justice Strand, London, WC2A 2LL

More information

THE RIGHTS AND DUTIES OF MORTGAGEES IN POSSESSION AND RECEIVERS. Thomas Jefferies

THE RIGHTS AND DUTIES OF MORTGAGEES IN POSSESSION AND RECEIVERS. Thomas Jefferies THE RIGHTS AND DUTIES OF MORTGAGEES IN POSSESSION AND RECEIVERS Thomas Jefferies 1. The standard remedy of mortgagees where a residential borrower is in default is to seek possession, and sell the property.

More information

Steen & Co Employment Solicitors

Steen & Co Employment Solicitors Steen & Co Employment Solicitors COMPROMISE AGREEMENTS This is a note about some of the issues involved in Compromise Agreements. It is not a substitute for individual advice that, of course, we will give

More information

Before : Mr Justice Morgan - - - - - - - - - - - - - - - - - - - - - Between :

Before : Mr Justice Morgan - - - - - - - - - - - - - - - - - - - - - Between : Neutral Citation Number: [2014] EWHC 3848 (Ch) IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION 1 Case No: HC12A02388 Royal Courts of Justice, Rolls Building Fetter Lane, London, EC4A 1NL Date: Tuesday,

More information

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500 www.ffw.com/personalinjury Freephone 0800 358 3848 www.ffw.com/personalinjury Freephone 0800 358 3848 Medical Negligence A guide for clients The team provides a first class service at all levels of experience.

More information

AN INTRODUCTION TO COMMERCIAL LEASING IN SCOTLAND

AN INTRODUCTION TO COMMERCIAL LEASING IN SCOTLAND AN INTRODUCTION TO COMMERCIAL LEASING IN SCOTLAND 2 INTRODUCTION TO COMMERCIAL LEASING IN SCOTLAND. 1. INTRODUCTION It s just a simple lease It is often assumed by clients that if they are to take a lease

More information

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500 www.personalinjury.ffw.com Freephone 0800 358 3848 www.personalinjury.ffw.com Freephone 0800 358 3848 Medical Negligence A client s guide head and shoulders above the rest in terms of skills, experience

More information

Limitation of Liability

Limitation of Liability Limitation of Liability Submission to the Attorney-General (Western Australia) July 2000 The Institution of Engineers, Australia Institution of Engineers, Australia 11 National Circuit, Barton, ACT, 2604

More information

SPANDECK ENGINEERING V DEFENCE SCIENCE AND TECHNOLOGY AGENCY

SPANDECK ENGINEERING V DEFENCE SCIENCE AND TECHNOLOGY AGENCY 01 technical spandeck SPANDECK ENGINEERING V DEFENCE SCIENCE AND TECHNOLOGY AGENCY This article focuses on the impact of the case of Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency

More information

Step-by-step guide to pursuing a medical negligence claim

Step-by-step guide to pursuing a medical negligence claim Step-by-step guide to pursuing a medical negligence claim Suffering from medical negligence can be a painful and distressing experience for anyone. This short guide offers some advice to help people thinking

More information

Alex Arterton. David Lang. Tim Mardon

Alex Arterton. David Lang. Tim Mardon 1994 General Insurance Convention PI CLAIMS GISG WORKSHOP SESSION 1994 Workshop Rlembers: Alex Arterton David Lang Tim Mardon The views expressed in this paper are given in our personal capacity and do

More information

Engineers Ireland Fire and Safety Division 13 th March 2013. Professional Indemnity Insurance

Engineers Ireland Fire and Safety Division 13 th March 2013. Professional Indemnity Insurance Engineers Ireland Fire and Safety Division 13 th March 2013 Michael Davis Aon Risk Solutions Professional Indemnity Aon 1 Aon An Introduction 61,000 Employees Worldwide 500 Offices, 120 Countries Aon Revenue

More information

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS While stress at work claims where a Claimant has been exposed to a lengthy and continuous period of stress recently benefited

More information

Compensation Claims. Contents

Compensation Claims. Contents Compensation Claims Contents Employers' duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory

More information

REPORT Disrepair Claims: The true cost of disrepair - Some of the Issues

REPORT Disrepair Claims: The true cost of disrepair - Some of the Issues REPORT Disrepair Claims: The true cost of disrepair - Some of the Issues 1 Contents Section Subject Page 1. Introduction 3 2. Landlord s Obligations 4&5 3 Tenant s Obligations 6 4. Types of Disrepair 7

More information

Construction Defect Action Reform Act

Construction Defect Action Reform Act COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction

More information

Claim Management Policy

Claim Management Policy Claim Management Policy REFERENCE NUMBER Claim management policy VERSION V1.0 APPROVING COMMITTEE & DATE Clinical Executive Committee REVIEW DUE DATE May 2018 1 West Lancashire CCG is committed to ensuring

More information

The debtor applied to the Court.

The debtor applied to the Court. UPDATE March 2016 Welcome to the CRI Insolvency Law Update, a summary of recent judgements and insolvency related reports and news items which we hope you will find of interest Service of Bankruptcy Petition

More information

Information. Considering a clinical negligence claim. What gives rise to a clinical negligence claim? What about the issue of causation?

Information. Considering a clinical negligence claim. What gives rise to a clinical negligence claim? What about the issue of causation? Information You are asking advice from Thomson Snell & Passmore about a possible clinical negligence claim. Such claims are complex and it would greatly assist your understanding of the issues if you read

More information

ARCHITECTS DUTIES AND LIABILITIES RECENT DEVELOPMENTS IN CASELAW

ARCHITECTS DUTIES AND LIABILITIES RECENT DEVELOPMENTS IN CASELAW ARCHITECTS DUTIES AND LIABILITIES RECENT DEVELOPMENTS IN CASELAW Subramanian Pillai Colin Ng & Partners LLP Outline of Seminar Introduction Overview of Architects Duties Overview of Architects liabilities

More information

JAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT

JAMAICA THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN GODFREY THOMPSON APPELLANT [2014] JMCA Civ 37 JAMAICA IN THE COURT OF APPEAL SUPREME COURT CIVIL APPEAL NO 41/2007 BEFORE: THE HON MR JUSTICE MORRISON JA THE HON MR JUSTICE BROOKS JA THE HON MS JUSTICE LAWRENCE-BESWICK JA (AG) BETWEEN

More information

Claims Post Jackson Some Additional Information. Andrew Mckie, Barrister Clerksroom - May 2013. Telephone 07739 964012/ 0845 083 3000

Claims Post Jackson Some Additional Information. Andrew Mckie, Barrister Clerksroom - May 2013. Telephone 07739 964012/ 0845 083 3000 1 Claims Post Jackson Some Additional Information Andrew Mckie, Barrister Clerksroom - May 2013 Telephone 07739 964012/ 0845 083 3000 Email: andrewmckie@btinternet.com/ mckie@clerksroom.com The EL and

More information

Clinical Negligence. Issue of proceedings through to Trial

Clinical Negligence. Issue of proceedings through to Trial Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April

More information

FOR PROPERTY LOSS AND DAMAGE 1

FOR PROPERTY LOSS AND DAMAGE 1 13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction

More information

Which of the following do you think could be liable to pay compensation?

Which of the following do you think could be liable to pay compensation? ACTIVITY 3 A patient is admitted into an NHS trust hospital for surgery to repair a hernia. Unfortunately, by mistake, a swab is left inside the patient who has to return to theatre for a second operation.

More information

CLAIMS MANAGEMENT POLICY

CLAIMS MANAGEMENT POLICY GWASANAETHAU AMBIWLANS CYMRU YMDDIRIEDOLAETH GIG WELSH AMBULANCE SERVICES NHS TRUST CLAIMS MANAGEMENT POLICY Clinical Negligence, Personal Injury, Losses and Compensation Claims Approved by Date Review

More information

Breege Lynn BA, GDIP, FCII Senior Vice President, Marsh Commercial Dublin

Breege Lynn BA, GDIP, FCII Senior Vice President, Marsh Commercial Dublin PROFESSIONAL INDEMNITY INSURANCE MAKING IT WORK FOR YOU 17TH FEBRUARY, 2014 Breege Lynn BA, GDIP, FCII Senior Vice President, Marsh Commercial Dublin Professional Indemnity It s primary purpose The object

More information

Business and Agri Loan Terms and Conditions

Business and Agri Loan Terms and Conditions October 2012 Thank you for choosing an ANZ loan. When you take out a loan, various terms and conditions apply to it. These are covered in this Terms and Conditions document and in your loan agreement.

More information

General Terms and Conditions of Irlbacher Blickpunkt Glas GmbH

General Terms and Conditions of Irlbacher Blickpunkt Glas GmbH General Terms and Conditions of 1. Scope 1.1 All supplies and services by (in the following: Irlbacher) are subject exclusively to the following terms and conditions: 1.2 Terms and conditions of commercial

More information

Claims Management Policy

Claims Management Policy Claims Management Policy April 2015 Author: Responsibility: Janet Young, Governance & Risk Manager All Staff should adhere to this policy Effective Date: April 2015 Review Date: April 2017 Reviewing/Endorsing

More information

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 LC Paper No. CB(2)2582/03-04(01) Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 Review of Professional Indemnity Scheme of

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

Costs Law Update Lamont v Burton

Costs Law Update Lamont v Burton - The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants

More information

THE POSSIBILITIES FOR PRIVATE ENFORCEMENT OF THE COMPETITION RULES IN THE NETHERLANDS

THE POSSIBILITIES FOR PRIVATE ENFORCEMENT OF THE COMPETITION RULES IN THE NETHERLANDS THE POSSIBILITIES FOR PRIVATE ENFORCEMENT OF THE COMPETITION RULES IN THE NETHERLANDS A survey commissioned by the Dutch Ministry of Economic Affairs - EXECUTIVE SUMMARY - Amsterdam, 3 November 2005 Mr.

More information

Professional Negligence

Professional Negligence 1239272 - BCIT 1 Professional Negligence Jeremy T. Lovell Bull, Housser & Tupper LLP 1239272 - BCIT 2 Overview Professional negligence law in context Negligence law in general Duty of care Standard of

More information

Professional Indemnity Claims: Avoiding the problems

Professional Indemnity Claims: Avoiding the problems Professional Indemnity Claims: Avoiding the problems Standard of skill and care against which to measure any breach of duty The Issues of Reliance, Causation and Quantum Standard of Performance Perhaps

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

4. In Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Lord Brown clarified:

4. In Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Lord Brown clarified: Third Party Costs Orders against Solicitors 1. This article discusses the rise in applications against solicitors for third party costs orders, where solicitors have acted on conditional fee agreements

More information

Minnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law

Minnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law Minnesota Professional & Medical Malpractice Law Personal Injury Law: Professional & Medical Malpractice o Legal Malpractice Duty Breach Injury Proximate Cause o Medical Malpractice Duty Breach Injury

More information

Limiting Liability in Contracts. Thursday, 23 May 2013

Limiting Liability in Contracts. Thursday, 23 May 2013 Limiting Liability in Contracts Thursday, 23 May 2013 Agenda Exclusion and Limitation Clauses Financial Cap on Liability Common Law Controls Indirect and Consequential Loss Statutory Controls Entire Agreement

More information

TERMS AND CONDITIONS OF BUSINESS PLEASE NOTE: A LARGE PRINT VERSION OF THIS DOCUMENT IS AVAILABLE ON REQUEST

TERMS AND CONDITIONS OF BUSINESS PLEASE NOTE: A LARGE PRINT VERSION OF THIS DOCUMENT IS AVAILABLE ON REQUEST TERMS AND CONDITIONS OF BUSINESS PLEASE NOTE: A LARGE PRINT VERSION OF THIS DOCUMENT IS AVAILABLE ON REQUEST 1. THE FIRM Pothecary Witham Weld is authorised and regulated by the Solicitors Regulation Authority

More information

Business leases guide

Business leases guide Business leases guide BUSINESS LEASES GUIDE Contents What is a business "tenancy"? Creation of a tenancy Common terms in lease Repairing liability FRI terms Landlord's covenants Insurance Tenant's continuing

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

Policy and Procedure for Claims Management

Policy and Procedure for Claims Management Policy and Procedure for Claims Management RESPONSIBLE DIRECTOR: COMMUNICATIONS, PUBLIC ENGAGEMENT AND HUMAN RESOURCES EFFECTIVE FROM: 08/07/10 REVIEW DATE: 01/04/11 To be read in conjunction with: Complaints

More information