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In a short but powerful judgment, the Administrative Court granted Mr Beckwith’s appeal against findings that he breached Principles 2 and 6 of the SRA (Solicitors Regulation Authority) Code of Conduct. The court also provided much needed clarity as to the scope of the SRA’s entitlement to consider conduct “outside of the office” through a regulatory lens.
Case review 10-11-2020
Aggregation of client account thefts: a challenging first instance decision for primary layer insurers
On 28 October 2020, the High Court handed down summary judgment in the related proceedings of Baines v Dixon Coles and Gill and Guide Dogs for the Blind Association v Box. The judgment is important for professional indemnity insurers as to aggregation in cases involving the theft of client monies.
Case review 03-11-2020
Many professional negligence cases involve illegality of some form or another by a claimant. The most obvious examples are a borrower misrepresenting their income so as to procure a self certified loan (common in cases against solicitors and independent financial advisors); and claimants misrepresenting liabilities or “covering up” internal accounting irregularities (again common to solicitors cases but also audit claims).
We consider the latest significant court decisions impacting claims arising from professional liability and financial lines policies and products.
As the annual Solicitors’ PI renewal date approaches Paul Castellani has reacted to data that shows claims against the profession have rocketed during the COVID-19 pandemic.
The headlines have been filled recently with SDT cases relating to sexual misconduct. These recent decisions show the range of work undertaken in the SDT and the varied areas of practice which can result in regulatory sanction.
The last few months have seen a run of cases relevant to solicitors liability issues which we digest in this article.
Solicitors’ professional indemnity – what effect will COVID-19 have on the claims profile against solicitors?
This article arises out of a webinar we delivered to over 300 clients earlier this month concerning the effect of COVID-19 on the professional indemnity market.
The Solicitors Disciplinary Tribunal (SDT) handed down judgment in a sad case last week which may strike a chord with many of us who are working at home, possibly with hard copy confidential papers.
Case review 16-03-2020
In December 2019, we reviewed the Solicitors Disciplinary Tribunal judgments delivered since August 2019 and queried whether we are seeing and will continue to see a change in the SDT prosecution profile.