QBE European Operations Professional practices update
|
|
- Ethel Avis Parks
- 8 years ago
- Views:
Transcription
1 QBE European Operations Professional practices update Claims against solicitors - a checklist
2 QBE Professional practices update - Claims against Solicitors - a checklist/jan Claims against solicitors - a checklist The purpose of this document is to provide a checklist of some of the matters which merit consideration when a claim is brought against a solicitor (and does not include consideration of claims of fraud). It is not intended to be used to conduct the professional liability litigation but as a guide to some of the relevant points that the solicitors instructed to deal with a professional liability claim on your behalf will consider in relation to defence of a claim. Limitation Were proceedings issued more than six years after the cause of action accrued? Are there different dates for the accrual of the cause of action in contract and tort? In contract the primary limitation period will be six years from the date of breach, and in tort it will be six years from when the damage was suffered. Claimants may try to argue that the damage was suffered at a later date than the alleged breach of duty by the solicitor following Law Society v Sephton (ie effectively extending the limitation period). Does section 14A of the Limitation Act 1980 apply? This gives an extended period of limitation of three years from the date of requisite knowledge. Is there any argument that the solicitor owed a continuing duty of care to the client? (Carlton v Fulchers (1997)). Identity of the claimant Is the claimant a client? Common situations where it is sometimes unclear who the client is include: Whether the solicitor is acting for a company and/or the shareholders, for a borrower and/or a lender, or for a husband and/or a wife. If the claimant is not a client could the solicitor none the less owe a duty of care? The tests are foreseeability, proximity and fair just and reasonable; assumption of responsibility; and an incremental approach from decided cases. Identity of the defendant Has the claimant brought the claim against the firm, individual partners or employees or both If claiming against the firm, has the claimant named the correct entity? The claimant must sue the partnership that existed at the time the cause of action accrued. This is a point that is often misunderstood, especially where the firm has converted to an LLP since the cause of action accrued.
3 QBE Professional practices QBE Professional update - Claims practices against update Solicitors - Risk Management/Jan - a checklist/jan What duties does the solicitor owe the claimant? Is there a retainer letter and does it cover the work that is the subject of the claim? In most cases a contractual relationship will exist between the claimant and the solicitor either expressly or by implication. If there is a retainer letter, then it is likely that a number of the solicitor s duties will be set out expressly. The solicitor will also usually owe implied duties, such as the duty to act with reasonable skill and care. There will also be concurrent duties in tort which will be largely determined by the terms of the retainer but may no be concurrent There is no such thing as an implied general retainer to advise on everything to do with a client s affairs, although claimants can sometimes assume that this is the case. For example, if a solicitor is instructed to advise a company on the tax consequences of a transaction that does not necessarily mean that he is obliged to give an individual director personal tax advice. Are the solicitor s fiduciary duties relevant to the claim? The solicitor will also owe fiduciary duties including a duty not to act in conflict, a duty to act in good faith and a duty of confidentiality. What is the scope of the duty of care that the solicitor owes? A solicitor is not, without specific agreement, a guarantor of outcomes. Was the solicitor instructed to advise in relation to the whole transaction or on a specific part of it. What type of solicitors firm and department and individual within the firm is involved in the matter?»» If the solicitor or firm is held out as having particular specialist expertise in an area then they will be judged by the standard of a reasonably competent solicitor with experience in that field. (Hicks v Russell Jones & Walker) What is the nature of the client? Is it an individual seeking legal advise for the first time on a private matter such as a will, or is it in-house counsel at a corporate client giving a repeat instruction? An inexperienced client is entitled to expect the solicitor to take a broader view of the retainer (Carradine Properties v DJ Freeman) The solicitor will be expected to be competent in the field that is relevant to the particular matter (Hurlingham Estates v Wilde & Partners) The solicitor is not generally under a duty to advise on the wisdom of the transaction or to provide commercial advice (Pickersgill v Riley) There may be a duty to warn the client about particular issues the solicitor comes across during the retainer (Credit Lyonnais SA v Russell Jones & Walker)
4 QBE Professional practices update - Claims against Solicitors - a checklist/jan Breach Does the error amount to negligence? Not every error a solicitor makes is negligent. The usual position is that the solicitor is required to exercise reasonable care and skill (unless for example the solicitor has agreed contractually to a higher standard of care). For example, if a solicitor advises wrongly on the construction of a document the error will not necessarily be negligent if it is a reasonable construction. However, it may be negligent not to advise the client that the matter is open to interpretation. Did the solicitor take adequate instructions and was the solicitor following the client s instructions? If the solicitor did act on instructions that will usually be a defence unless the client s instructions were a result of inadequate legal advice. Was the solicitor relying on counsel s advice? Solicitors are entitled to rely on the advice of counsel properly instructed. The solicitor must however, exercise his own independent judgment and reject counsel s advice if it is obviously or glaringly wrong (Locke v Camberwell HA (2002) Ridehalgh v Horsefield (1994)). Does the claim involve allegations of breach of warranty of authority? Liability for breach is strict. Causation and foreseeability What would have happened if the solicitor had done as the claimant alleges they should? For example, if the client would have proceeded with the transaction or litigation even if the correct advice had been given there is no causation, as the but for test of causation is not satisfied. Has there been an intervening act by the claimant or third party that has broken the chain of causation? For example, has the claimant been given subsequent incorrect legal advice. Is the damage too remote? Measure of damages SAAMCo applies to solicitors claims. A solicitor can only be held liable for loss which falls within the scope of his duty (In Haugesund v Depfa the solicitors firm was not held liable for all of the losses flowing from a transaction where the firm was only asked to advise on a specific question on the validity of the proposed swaps). What is the correct measure of damages? The basic rule is that the claimant should be put in the position he would have been in if the solicitor had discharged his duty. What is the correct date on which damages should be assessed? The general, although by no means inflexible rule is that damages are assessed at the date of breach. Loss of a chance issues must be considered where it is necessary to speculate what a third party would have done had the solicitor discharged their duties. For example, if it is alleged that the solicitor should have advised the claimant about the effects of entering into a contract, and it is found that if given proper advice the claimant would have tried to re-negotiate the contract, the courts will assess the value of the lost chance that the counterparty would have agreed to the amendments. Damages for breach of a fiduciary duty will be assessed on a different basis, as they are restitutionary. Contributory negligence/contribution Is there an argument of contributory negligence? This is not common in claims against solicitors, although with some exceptions such as claims by lenders against solicitors. The defence of contributory negligence is not available in a claim for breach of fiduciary duty. Can a claim for contribution pursuant to the Civil Liability (Contribution) Act 1978 be brought? Are other professionals responsible for the same loss, eg an accountant, surveyor, counsel or a previous or successive solicitor. Mitigation Has the claimant mitigated his loss? Generally speaking a claimant is not obliged to embark on uncertain or complicated and difficult litigation to mitigate his loss (Pilkington v Wood (1953)). However, there are exceptions. For example, a mortgage lender who alleges a solicitor has been negligent has been required to obtain possession of the property and enforce the security (Western Trust Savings Ltd v Clive Travers Co). Limitation of liability Is there a limitation of liability contained in the retainer agreement Note that there are limits on the extent to which solicitors can limit their liability and consider whether the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1994 might apply.
5 Further advice should be taken before relying on the contents of this summary. Neither QBE European Operations nor Clyde & Co LLP accepts any responsibility for loss occasioned to any person acting or refraining from acting as a result of material contained in this summary. No part of this summary may be used, reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, reading or otherwise without the prior permission of both QBE European Operations and Clyde & Co LLP. Clyde & Co LLP is a limited liability partnership registered in England and Wales. Authorised and regulated by the Solicitors Regulation Authority. QBE s legal and regulatory status is detailed in the small print at the bottom of this page. QBE European Operations and Clyde & Co LLP Clyde & Co LLP s Professional Indemnity Team has kindly given us full permission to reproduce this document. Information is correct as at August QBE European Operations Plantation Place 30 Fenchurch Street London EC3M 3BD tel +44 (0) /Claims against Solicitors - a checklist/jan2013 QBE European Operations is a trading name of QBE Insurance (Europe) Limited and QBE Underwriting Limited, both of which are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.
QBE European Operations Professional practices update
QBE European Operations Professional practices update Top 10 most common causes of claims against law firms QBE Professional practices update - Top 10 most common causes of claims against law firms/jan
More informationQBE 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 informationQBE European Operations Professional practices update
QBE European Operations Professional practices update Undertakings - a guide QBE Professional practices update - Undertakings - a guide/jan 2013 1 Undertakings - a guide Introduction Undertakings given
More informationCGT / IHT Tax Trap & Professional Negligence
CGT / IHT Tax Trap & Professional Negligence Generally speaking, the disposal of an asset otherwise by way of a bargain made at arm s length is treated for CGT as made for consideration equal to the market
More informationA 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 informationWeekly 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 informationProfessional 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 information1. 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 informationQBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities
QBE European Operations Portal extension Guidance document June 2013 Ministry of Justice extension to the claims protocols Maximising Opportunities Portal extension Guidance document June 2013 Ministry
More informationTERMS & CONDITIONS OF BUSINESS
TERMS & CONDITIONS OF BUSINESS 1. Introduction These terms and conditions explain the basis upon which we carry out work for you and charge for our services subject to any variations set out in our engagement
More informationSurveyors Professional Liability Insurance Summary
Surveyors Professional Liability Surveyors Professional Liability Underwritten by a member of the QBE Insurance Group (QBE) This insurance is an annual contract unless stated otherwise in the quotation
More informationGreene 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 informationPROFESSIONAL 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 informationTechnical claims brief
QBE European Operations Technical claims brief Monthly update June 2015 Technical claims brief Monthly update June 2015 Contents FCA sets out their findings after looking at delegated authority arrangements
More informationPresentation 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 informationTechnical claims brief
QBE European Operations Technical claims brief Monthly update January/February 2014 Technical claims brief Monthly update January/February 2014 Contents Legislation 1 Mesothelioma Bill passes at report
More informationWhen 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 informationThe Enterprise and Regulatory Reform Act 2013
QBE European Operations The Enterprise and Regulatory Reform Act 2013 Issues Forum The Enterprise and Regulatory Reform Act 2013 Issues Forum Contents History 1 A time of reform 2 Strict liability 2 The
More informationAt 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 informationTechnical claims brief. Monthly update February 2013
Technical claims brief Monthly update February 2013 Contents News 1 Ministry of Justice Claims Portal Extension put back 1 Solicitors Regulatory Authority stands by April 1 2013 implementation of referral
More informationPROFESSIONAL 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 informationLAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001
1 LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 EXPLANATORY NOTES GENERAL OUTLINE OBJECTIVES OF THE LEGISLATION The purpose of this Bill is to address the impact of the decision of the High
More informationBACK 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 informationTrustees 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 informationBefore : 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 informationHow To Understand The 2013 Litigation Trends In The Uk
Professional liability Update Litigation trends The Ministry of Justice has published its statistics for judicial and court activity in England and Wales for 2013. The figures published show that overall
More information2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013
NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order
More informationPROFESSIONAL NEGLIGENCE LEGAL UPDATE. Talk by Rachel Robertson on 3 June 2010
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
More informationProducts Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012
Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»
More informationSolicitors Case Study. QBE European Operations
Solicitors Case Study QBE European Operations QBE Solicitors Case Study Questions? Contact your QBE representative today at Solicitors.PI@uk.qbe.com Claims by work type A handy way to identify where your
More informationTechnical claims brief
QBE European Operations Technical claims brief Monthly update August 2015 Technical claims brief Monthly update August 2015 Contents Occupiers liability of a homeowner Pollock v Cahill [2015] 1 Qualified
More informationTechnical claims brief
QBE European Operations Technical claims brief Monthly update July 2015 Technical claims brief Monthly update July 2015 Contents Judgment on additional liabilities Coventry v Lawrence [2015] 1 Law on foreseeability
More informationIntellectual Property Pursuit and Defence. Summary of Cover
Intellectual Property Pursuit and Defence Summary of Cover Intellectual Property Pursuit and Defence Summary of cover This insurance is an annual contract unless stated otherwise in the quotation or renewal
More informationDesign and Construct Professional Liability Insurance Summary
Design and Construct Professional Liability Insurance Summary Design and Construct Professional Underwritten by a member of the QBE Insurance Group (QBE) This insurance is an annual contract unless stated
More informationTechnical claims brief. Monthly update October 2012
Technical claims brief Monthly update October 2012 Contents News 1 Court of Appeal to review decision on damages increase 1 Police officially recognise Mandate Fraud as new crime 2 US Popcorn Lung sufferer
More informationMedia Liability Insurance
Media Liability Insurance Media Liability Insurance A highly responsive solution to a fast moving media world. By its very nature, the media industry is fast moving, dynamic and constantly evolving. Development
More informationA Paper for the Falcon Chambers Symposium: Property Law in the Recession 4 March 2009. Guy Fetherstonhaugh QC FALCON CHAMBERS
VALUATION IN PROFESSIONAL NEGLIGENCE CASES THE LESSONS TO BE DRAWN FROM LITIGATION IN THE LAST RECESSION. A Paper for the Falcon Chambers Symposium: Property Law in the Recession 4 March 2009 Guy Fetherstonhaugh
More informationBack 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 informationWhat you need to know about......run off. Call us Mon-Fri 9am-6pm
Call us Mon-Fri 9am-6pm 0345 251 4000 Run off cover is a professional indemnity insurance policy which comes into effect when a business stops trading and any claims made under it will relate to work carried
More informationSolicitors. Sought after legal advice. Dispute Resolution at. Steeles Law
Steeles Law Solicitors Sought after legal advice Dispute Resolution at Steeles Law About Us We understand that disputes are stressful. No-one wants to find themselves embroiled in litigation, which is
More informationLIMITATION 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 informationPg. 01 French v Carter Lemon Camerons LLP
Contents French v Carter Lemon Camerons LLP 1 Excelerate Technology Limited v Cumberbatch and Others 3 Downing v Peterborough and Stamford Hospitals NHS Foundation Trust 5 Yeo v Times Newspapers Limited
More informationHaugesund Kommune v Depfa ACS Bank, Wikborg Rein: The consequences of solicitors' negligence
May 2011 Welcome to the latest bulletin from Bristows' Commercial Disputes team. This bulletin has been prepared by the City & International Disputes group within the team. Should you have any comments
More informationProvince of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation
Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza
More informationCombar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case
Combar/CLLS Guidance note on the Agreement for the Supply of Services by a Barrister in a Commercial Case Introduction... 2 Background... 2 Entering into an agreement incorporating the Terms... 3 The Services...
More informationQuarterly Review May 2013
Construction Quarterly Review May 2013 John Grimes Partnership Limited v Gubbins [2013] A consulting engineer was held to be liable for losses flowing from the fall in the housing market. The consultant
More informationAdvice 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 informationODT SOLICITORS LLP. Terms of Business. 1. ODT Solicitors LLP is a limited liability partnership incorporated in England.
ODT SOLICITORS LLP Terms of Business ODT Solicitors LLP 1. ODT Solicitors LLP is a limited liability partnership incorporated in England. 2. It is ODT Solicitors LLP which accepts your instructions to
More informationArchitects and Engineers Professional Liability Insurance Summary
Architects and Engineers Professional Liability Insurance Summary Underwritten by a member of the QBE Insurance Group (QBE) This insurance is an annual contract unless stated otherwise in the quotation
More informationAddendum to the Citi International Personal Bank General Terms and Conditions
Addendum to the Citi International Personal Bank General Terms and Conditions Effective 31 December 2012 The contents of this document apply only to clients of Citi International Personal Bank who hold
More informationUBS Electronic Trading Agreement Global Markets
UBS Electronic Trading Agreement Global Markets Version: 1.1 November 2014 I. UBS ELECTRONIC TRADING AGREEMENT 1.1 UBS Limited ( UBSL ) provides an electronic trading service, which enables certain clients
More informationLegal Watch: Personal Injury
Legal Watch: Personal Injury 2nd July 2014 Issue: 025 Part 36 As can be seen from the case of Supergroup Plc v Justenough Software Corp Inc [Lawtel 30/06/2014] Part 36 is still the subject of varying interpretations.
More informationKey issues in bank lending
Key issues in bank lending Introduction Welcome to Keynotes. Keynotes is a monthly event and publication to help early stage businesses get to grips with key legal issues. A bit about us Keynotes is brought
More informationCosts 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 informationTrinity Online Application - Terms and Conditions of Use
IMPORTANT NOTICE PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE THIS APPLICATION. BY USING THIS APPLICATION AND/OR ANY OF
More informationProfessional 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 informationProfessional 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 informationConflicts of Interest MiFID and the General Law
slaughter and may Companies Briefing Paper Act 2006 September 2008 Conflicts of Interest MiFID and the General Law Much has been said and written in recent years about the conflicts of interest that can
More informationConcurrent and Proportionate Liability. Patrick O Shea SC and Sue Brown
Concurrent and Proportionate Liability Patrick O Shea SC and Sue Brown 1. There have in the last 5 years or so been wide ranging statutory changes to the law affecting concurrent and proportionate liability.
More informationQBE European Operations. UK Casualty Claims. Policyholder guide March 2013. 2013 Jackson reforms and Ministry of Justice Claims Portal Extension
QBE European Operations UK Casualty Claims Policyholder guide March 2013 2013 Jackson reforms and Ministry of Justice Claims Extension UK Casualty Claims Policyholder guide March 2013 2013 Jackson reforms
More informationClaims College School of Construction LEVEL 1
Claims College School of Construction LEVEL 1 Construction Defect Liability Theories and Defenses Objectives At the end of this course, you will be able to: Describe the theories of liability and defenses
More informationGuidance for Professionals on Run Off Cover
Guidance for Professionals on Run Off Cover What is run off cover? There is no great mystique to run off Insurance. However, it is often seen as being something vastly different to normal Professional
More information10 Lessons for Every Professional Liability. William Flenley QC
10 Lessons for Every Professional Liability Practitioner William Flenley QC It s the merits Third Point Prepare case in a way that suggests the merits favour your client Ask: how is the judge likely
More informationTechnical claims brief. Monthly update January 2013
Technical claims brief Monthly update January 2013 Contents News 1 UK Government consultation on Whiplash claims begins 1 Fraud 2 QBE foils half million pound fraud: Roberts v Airbus High Court (2012)
More informationComplete 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 informationMedical 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 informationHeslop & 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 informationComplete Professional Indemnity
Allianz Insurance plc Complete Professional Indemnity Policy Details (including Policy Summary pages 1 4) Accountants Policy Summary This is a Policy Summary only and does not contain full terms and conditions
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of 2011. (Public)
H GENERAL ASSEMBLY OF NORTH CAROLINA SESSION HOUSE DRH-TG- (/01) D Short Title: Tort Reform Act of. (Public) Sponsors: Referred to: Representatives Blust and Daughtry (Primary Sponsors). 1 A BILL TO BE
More informationFRASER DAWBARNS LLP GENERAL TERMS OF BUSINESS
1. Status FRASER DAWBARNS LLP GENERAL TERMS OF BUSINESS Fraser Dawbarns LLP ( the Firm ) is a Limited Liability Partnership which is registered at the Law Society number OC353893 and authorised and regulated
More informationBankruptcy. a guide for unsecured creditors. Association of Business Recovery Professionals
Bankruptcy a guide for unsecured creditors Association of Business Recovery Professionals Bankruptcy An individual is made bankrupt as a result of a petition presented to the court, usually because he
More informationClient Information. Terms & Conditions. www.nockolds.co.uk
Client Information Terms & Conditions? www.nockolds.co.uk 1. Introduction As from 1 June 2012 all work we do for you is governed by these terms of business. Attached to these terms is a letter that contains
More informationCompulsory liquidation. a guide for unsecured creditors. Association of Business Recovery Professionals
Compulsory a guide for unsecured creditors Association of Business Recovery Professionals Compulsory occurs when a company is wound up by an order of the court. A licensed insolvency practitioner has given
More informationExpert Evidence In Professional Negligence Claims
BuildLaw - Issue 13 Expert Evidence In Professional Negligence Claims 1 Expert Evidence In Professional Negligence Claims A recent High Court decision has provided practical guidance on the use of expert
More informationTHE LIABILITY OF COMPANY DIRECTORS AND COMPETENT PERSONS FOR RESOURCE/RESERVE DISCLOSURE
THE LIABILITY OF COMPANY DIRECTORS AND COMPETENT PERSONS FOR RESOURCE/RESERVE DISCLOSURE ROBYN PHILLIPS Partner, Allen, Allen & Hemsley, Sydney ABSTRACT The provisions in the ASX Listing Rules which require
More informationInsurance Update October 2007
Insurance Update October 2007 In brief... 2 Notification of circumstances... 2 Insurance law reform... 2 Corporate manslaughter... 2 Companies Act 2006... 2 Conflict of interest... 2 Court fees... 2 Estimates
More informationDGI04 Liability Insurance Underwriting
DGI04 Liability Insurance Underwriting Module Description: This module aims to provide the candidate with the knowledge and skills in commercial liability insurance operations. It deals with the legal
More informationThese Terms and Conditions supersede all previous Terms and Conditions
Terms & Conditions ukmailexchange.com is a brand of Skymatrix, a provider of internet related services. These conditions set out the terms under which Skymatrix will provide services to its clients. It
More informationguide to insurance programmes
The Towergate Interim Manager guide to insurance programmes Interimwomen.com is a trading name of Russam GMS Ltd which is an Introducer Appointed Representative of Towergate Underwriting Group Limited.
More informationProfessional Practice 544
February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.
More informationInsurance Update October 2009
Insurance Update October 2009 Conflict of laws... 1 Gard Marine and Energy Ltd v Tunnicliffe & Glacier Reinsurance AG challenge to English jurisdiction... 1 Illegality... 3 K/S Lincoln v CB Richard Ellis
More informationThe 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 informationAssume that the following clause was included in the retainer agreement between SK Firm LLP and the Corporation (the Relieving Clause ):
ETHICAL SCENARIO #3 I. FACT PATTERN A Saskatchewan law firm ( SK Firm LLP ) acts on behalf of an out of province (e.g. national) corporation (the Corporation ). SK Firm LLP s role has been solely to file
More informationONTARIO SUPERIOR COURT OF JUSTICE MICHAEL MOSEY. - and - HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (ONTARIO MINISTRY OF LABOUR) STATEMENT OF CLAIM
Court File No.: ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: MICHAEL MOSEY Plaintiff - and - HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO (ONTARIO MINISTRY OF LABOUR) Defendant STATEMENT OF CLAIM TO THE
More informationWeekly 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 23/11 Contents Beazley v Travelers A Clyde & Co case on whether the insured was liable to brokers under a Deed
More informationCase Note by Paul Ryan February 2014
Case Note by Paul Ryan February 2014 Settlement Group Pty Ltd v Purcell Partners [2013] VSCA 370 Catchwords: Mortgages Real property Refinancing Multiple mortgages to be refinanced Concurrent transactions
More information1. My remarks this morning, which are directed to the professional. negligence of financial advisers, will extend to the proposed new
SPAA SMSF NATIONAL CONFERENCE, BRISBANE 23-25 February 2011 PROFESSIONAL NEGLIGENCE 23 February 2011 The Hon Sir Anthony Mason AC KBE * Introduction 1. My remarks this morning, which are directed to the
More informationMr and Mrs Sample and future owners or occupants of the Property and Your/their mortgage lender(s).
Absentee Landlord Indemnity Insurance Policy This Policy is the contract between You and the Insurer and it includes the Schedule and any endorsement, extension, plan or appendix issued with it. We have
More informationTHIRD PARTY ADMINISTRATOR AGREEMENT. (Hereinafter, Agreement ) Between
THIRD PARTY ADMINISTRATOR AGREEMENT (Hereinafter, Agreement ) Between Those underwriting members of Lloyd s, and those other insurers (if any), individually and severally subscribing to the Contract(s)
More informationRE: 1562860 ONTARIO LTD. c.o.b. as SHOELESS JOE S Plaintiff v. INSURANCE PORTFOLIO INC. and CHRISTOPHER CONIGLIO. Defendants v.
COURT FILE NO.: 4022A/07 (Milton) DATE: 20090401 SUPERIOR COURT OF JUSTICE - ONTARIO RE: 1562860 ONTARIO LTD. c.o.b. as SHOELESS JOE S Plaintiff v. INSURANCE PORTFOLIO INC. and CHRISTOPHER CONIGLIO Defendants
More informationLegal Research Record
Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding
More informationSpecialist Miscellaneous Professions (Legal Liability) Professional Liability Insurance Summary
Specialist Miscellaneous Professions (Legal Liability) Professional Liability Insurance Summary Specialist Miscellaneous Professions Underwritten by a member of the QBE Insurance Group (QBE) This insurance
More informationMedical 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 informationThings you may not know about trustee liability
Things you may not know about trustee liability Trustee liability: good news and bad news Potential liability is an extremely important issue for the trustees of occupational pension schemes and, unfortunately,
More informationCONTRACT FOR THE APPOINTMENT OF AN APPROVED INSPECTOR
CONTRACT FOR THE APPOINTMENT OF AN APPROVED INSPECTOR CIC/AppInsp The Construction Industry Council - Association of Consultant Approved Inspectors contract for the appointment of an approved inspector
More informationBy 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 informationNOBLE TRUST COMPANY LTD. GENERAL TERMS OF BUSINESS. The following definitions and rules of interpretation shall apply:
NOBLE TRUST COMPANY LTD. GENERAL TERMS OF BUSINESS 1. Definitions and interpretation The following definitions and rules of interpretation shall apply: 1.1 Agent means any person appointed by a Client
More informationABERAVON LAWYERS LIMITED T/A KEVIN LANE & COMPANY SOLICITORS
ABERAVON LAWYERS LIMITED T/A KEVIN LANE & COMPANY SOLICITORS REGISTERED OFFICE 11 COURTLAND PLACE, PORT TALBOT SA13 1JJ Company No. 5352482 Vat. No. 850776993 Solicitors Regulation Authority No. 419748
More informationPROFESSIONAL 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 informationMOBILE SERVICES AGREEMENT. Effective Date: 11 April 2013
MOBILE SERVICES AGREEMENT Effective Date: 11 April 2013 LMAX Mobile Services Agreement Effective date: 11 April 2013 We provide password protected software applications from which you can access your Account
More information